Without plea bargains, our court system would be more swamped than it already is. Another reason is the strength of the case. If there is a question whether the evidence would bring a conviction, then the plea bargain would at least give them the conviction. And if the evidence is obvious and strong, the plea bargain would be good for the defendant, because he wouldn’t have to defend himself in court. Because prosecutors are “graded” on their conviction rate, getting those
Plea bargaining is a process within the criminal justice system and it takes place between the two parties involved in a criminal case that is the prosecutor and the defendant .The defendant is asked to enter into a guilty plea by the prosecutor in exchange for a lighter sentence and in some cases the prosecutor might even consider reduction of the charges as an incentive for the defendant to enter into a guilty plea (McConnell, Michael & Chester, 1999). According to McConnell, Michael and Chester (1999), plea bargaining has proved to be beneficial to the criminal justice system and for this reason I believe attorneys should be allowed to use this tool in settling their cases. Some of the benefits that have resulted in plea bargaining as a means of settling cases are discussed as under:
Denise and Mercedes Background/Review of the Literature: A description of what has already known about this area and short discussion of why the background studies are not sufficient. Summarize what is already known about the field. Include a summary of the basic background information on the topic gleaned from your literature review (you can include information from the book and class, but the bulk should be outside sources) Plea Bargaining is a widely known form of plea and is known as "the process whereby the accused and prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval. It usually involves the defendant's pleading guilty to a lesser offense or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that possible for the graver charge." Plea bargaining usually occurs prior to a trial but in some cases may occur anytime before a verdict is rendered.
Plea Bargaining: A Trick To Convict? Plea bargaining consists of an agreement (formal or informal) between the defendant and the prosecutor. The prosecutor typically agrees to a reduced prison sentence in return for the defendant’s waiver of his constitutional right against self-incrimination and his right to trial. Is it proper for a government that is constitutionally required to respect the right to trial by jury to use its charging and sentencing powers to pressure an individual to waive that right? Plea bargaining unquestionably alleviates the workload of judges, prosecutors, and defense lawyers.
A prosecutor presents evidence to prove that the defendant is guilty of the crime and the defense attorney tries to prove that the defendant is not guilty. They ensure that the defendant’s side of the story is heard, counteracts overcharging by the prosecution, and to supply their client with the best defense possible including: “providing legal counsel to client, arguing for legal innocence (not necessarily factual innocence), searching out violations of the defendant’s rights, and arguing for reduced penalties in some cases” (Meyer & Grant, p. 144). A prosecutor is paid by the state and cannot be hired, like a defense attorney, by an individual. They are hired by the public to punish those who commit crimes, in order to
The decisions can be far reaching and may have a significant impact on a juvenile, since their reasoning skills are lacking compared to that of an adult. Pros From a social standpoint, it can be an advantage to society to have such crimes, as example above, tried in criminal adult courts. It doesn’t appear that there was much in the way that the conviction of Lionel Tate served society since he was later released on appeal and given probation, however, he was later found guilty of violating his probation on a robbery charge and sentenced to prison (Aguayo, 2006). In other words, juveniles that commit such heinous crimes should be tried in adult’s court. These types of decisions to try juveniles in adult court serve society in terms of placing these individuals in custody for potential rehabilitation and introduction back into society.
From this type of profiling an offender can be categorized as organized nonsocial offenders and disorganized asocial offenders. The killing from theses two types of offenders would produce two different crime scenes, one of complete chaos and plenty of evidence all over and another with little evidence and more controlled. A major benefit from using this type of profiling is that it let investigators know what kind of offender they will be dealing with so they know how to proceed with the case and interrogate them. A limitation from this type of profiling can be that too much attention is paid to the physical evidence and not on the nonphysical (Holmes & Holmes,
Probation Sentencing Report In the book Criminal Procedure by Devallis Rutledge the author talks about Probation Sentencing Report found in chapter twelve. A presentence investigation report is one of the most important documents in the criminal justice field; the presentence investigation report known as (PSI) has been one of the source of information to sentencing judges. Its purpose has been to provide information to the court on the defendant’s personal history and criminal conduct in order to promote individualized sentencing. As we move forward, I would like to discuss why it’s necessary for the county’s probation officer to prepare a PSI report. Even though many people believe that probation is an easy way of getting out of jail that is not the case probation is actually a suspended jail sentence that keeps you under the states control for a certain amount of time.
The occurrence of plea bargaining and pleading guilty even though the defendant professes his or her innocence is a rising and questionable phenomenon in the US court system. Pleas are sought to minimize sentence and the number of trials. (Mousseau, 2008) Pleading guilty typically comes with a “built-in incentive,” lessened sentence in exchange for a guilty plea. The defendant
Therefore, by having sufficient evidence this would be enough to convict a criminal in the court of law. Crime control is based on handling crimes that occur with a quick and effective outcome. For example if the prosecutor does not have strong evidence to receive a conviction there is a slight chance the offender’s case will get dismissed. Therefore, emphasizing the capacity to arrest, and convict a high proportion of offenders in other words put the criminal in jail first and question later. However, with the “due process an individual is allowed their day in court if suspected of a crime because of United States constitution.