Plea Bargains I believe that plea bargains should be entered into with the defendant knowing and understanding the plea completely. The defendants comprehend that by taking the plea he or she is admitting guilt. Allowing pleas of no contest, or requiring an admission of guilt is wrong the fact remains that innocent people who see that they have no choice but to take the plea. Places innocent people in jail and after taking the plea have no recourse, if he or she eventually gets evidence of their innocence they cannot change what is on their record. I would think that if a judge knowingly accepts a plea agreement knowing that the defendant is not admitting that he or she is guilty, and does not believe that the defendant is taking the plea out of an admission of guilt should not agree to the plea.
However, prohibition against double jeopardy does not preclude the crime victim from bringing a civil suit against that same person to recover damages (Miller & Jentz, 2008, pg 137). The Lectric Law Library at lectlaw.com (1995-2012) states that “the double jeopardy clause protects against three distinct abuses: 1. a second prosecution for the same offense after acquittal, 2. a second prosecution for the same offense after conviction; and 3. multiple punishments for the same offense. In this case Armington is incorrect. Armington was tried and convicted of the crime of armed robbery and assault and battery. The civil tort suit is completely different and therefore does not fall under double jeopardy.
It is very important to make the public aware of the new bill passed and the new doubled prison terms if convicted of armed robbery. If the bill were passed there would be the issue of financial responsibilities, which the innocent public would be responsible for. Doubling a prison term could be costly and one solution would be to seek some funding through fundraisers and grants from the state. The bill would costs the citizens but it would keep them at ease and at peace knowing that almost anyone would be discouraged of committing such a crime. We hope that this bill would have an impact on the would be criminals because not only would their sentence be longer but their chances at parole would be harder to
This sentencing goal is critical due to the fact that different state has different sentencing laws. These are issues the American society deals with when a court sanctioned a cruel and unreasonable punishment. Structured Sentencing The public opinion of social justice wanted a different sentencing model that will determine fair justice to convicted criminals. Through criticism of its methods, the
Crime maybe controlled by fear of punishment 4. Punishment that is severe, certain, and swift will stop crime They believed in fast punishment instead of long trials. One of the major parts of criminal punishment reform was for fair and equal treatment of accused offenders. Judges could punish criminals however they wanted to no matter how severe the crime. Mr. Beccaria and other members of the Classical School fought for punishment to be set by legislative instead of judges having all of the authority for punishment.
Two Models/Criminal Process Ashley Lawrence CJA/364 June 8,2013 Mathew Taylor Two Models/Criminal Process Two models within the criminal justice system play very important roles. One may say that within the political world the two models may even conflict with each other. Crime control model may be more liberal focusing on society and crime, which as for due process is to focus more on a fair opportunity for the one that is accused and many see it as conservative. The 4th, 5th, 6th, and fourteenth amendment all play important roles within the due process model, and the criminal justice system, to make sure everyone is given a fare trial. Due process occurs when fare treatment is given throughout the judicial system.
Desmond LeSure Professor Bolton ENGL 1020 19 April 2012 “Is the Three-Strikes Law fair and ethical?” There are individuals who were known as habitual criminals who constantly repeated the cycle of committing a crime, getting arrested, and eventually getting released. In 1993, Americans noticed that this was very costly to the public because the process of arresting and trying these criminals was expensive. American tax payers were beginning to become concerned with this issue and wanted something to be done about habitual offenders. Society is pushing the issue that it was more logical to keep repeat criminals in jail and not release them to commit more crimes. Politicians listened to society and executed a law that would put an end to
Acts of armed robbery that end in violence or homicide tend to render the public outraged and give their voice a stronger demand for justice to be done. If we choose to take the stance that our criminal justice system is mean to only keep society safe and that justice is carried out then we need to recognize that the laws we have in place currently are set in place to do so. In theory we could see how enforcing a harsher sentence to those who choose to commit violent acts or armed robbery would work as a deterrent to prevent criminals from committing the act as often as they do
These things are no joke. One of the greatest challenges facing the criminal justice system is the need to balance the rights of accused criminals against society’s interest in imposing punishments on those convicted of crimes. This tension is illustrated by the debate over whether defendants have the right to be represented by an attorney. Whether or not those accused of a crime should be vigorously defended by lawyers, and whether lawyers should even accept such a case in the first place goes to the heart of the issues in Criminal Justice: Opposing Viewpoints. The authors examine these topics and others in the following chapters: Does the Criminal Justice System Need Reform?
Reintroduction to society II. Conclusion: Recidivism in the United States has tremendously grown and the reason for its criminal or antisocial behavior is due to its treatment program, or detention program. As many of us find it hard to cope with the real world, inmates is struggling to live from day to day basic. Prison is supposed to reform inmates however due to the traumatic environment; the possibility of rehabilitations is not likely. However, the implementation of; Prison improvement program has made it possible for prison to preserve the basic human rights of inmates.