In the end the judicial system saves money, both with the time of trials and appeals, as well as reduced charges or sentences that ultimately lead to less time the tax payer has to pay for incarceration. It is true that the rights of the accused are essential within the Constitution, but in my opinion I feel that the accused have given up their right in using plea bargaining and admitting their guilt. If an individual wishes to invoke their rights guaranteed by the Constitution they have the right to all the liberties that are included in that type of trial. Yet, if an individual pleads guilty and wishes to plea bargain, this process should take precedent over the Constitutional right that has been given up with the provision that the accused could retain that right if they so desired. In the end, plea bargaining is an effective tool both for law enforcement, the prosecution, the judicial system, and can benefit the accused as well.
While plea bargaining is beneficial mostly for the state, it can sometimes be a curse for a defendant. For example, an innocent person may have some damning evidence against him or her even he or she is innocent. The prosecution will often pressure the defendant into believing that the jury will not find him not guilty. Therefore, the defendant will agree to the plea bargain and opt for a lesser sentence believing him or she does not have a chance of winning with a trial by jury. “Statistics show that 94% of state criminal cases and slightly more than 96% of federal criminal cases are eventually resolved through a negotiated plea.” (Schmalleger
If you are acquitted, it cannot come back for a second bite. (Fitzpatrick) The jury only has one shot at successfully prosecuting the accused person, so the prosecutors must be sure about their case before it even begins. If the police are almost positive that a person committed a crime, but do not have all the evidence to find them guilty, they could waste valuable time trying to gather more evidence. While they try and figure this out, the person could leave the country, or even commit additional crimes. In many cases, people have been free from conviction because the evidence was not strong enough to convict them.
The reason is that for a person who is indeed guilty of the crime and who thinks that he cannot escape conviction because of overwhelming evidence, admitting to a lesser crime with lesser penalties will be the best scenario for him. He gets the benefit of immediate disposition of his case since he no longer needs to hire lawyers to defend him in court. While it is true that existing laws mandate that an accused should be defended by a public attorney in case he does not have a lawyer, the practical reality is that only paid lawyers can competently and adequately defend the accused and that public attorneys do not defend their client’s case to the best of their ability. Moreover, the accused also gets the benefit of lesser time in prison as it is implicit in the arrangement that if he agrees to a lesser crime charged he shall be convicted to a lesser penalty. If he behaves properly in prison his sentence may be further reduced for good behavior and he may find himself out of
Written Assignment 3: Working in the Trenches of the Criminal Justice System 1. How will the provisions of more courts and the like results in more justice if justice is not just a matter of “clearing the calendars”? The provisions of more courts would allow a more efficient process. Defendants would not be shuffled out of the system because they admit to the crime they have committed. It would also help alleviate all the back log of pending matters.
Also the defense will ask for a change of venue to help with juries with believing someone is innocent. This defense attorney is determining to keep people innocent until they are proven guilty. He does not want someone who is innocent to have their name slander. He is an attorney for DUI cases which is kind of pretty hard to prove their innocent. This criminal law website is determined to keep people who are under investigation or have already been arrested, to keep their record clean and out of jail.
According to Law Info (1995-2014), “The biggest drawback to plea bargaining is for the innocent defendant who decides to plead guilty to a lesser charge in order to avoid the risk that he or she will be found guilty at trial (The Pros and Cons of Plea Bargaining). Plea bargaining has led to poor police investigations which lead to defense attorneys who do not want to deal with poorly prepared cases (Law Info, 1995-2014). Another downside to the bargaining system is that defendants are not tried for their offenses and provided due process. The defendant does not get their time in
A plea bargaining allows both parties to avoid a long criminal trail and it may also allow the criminal defendant to avoid risk of conviction trail on a more serious charge. A defendant entering a plea must sign a statement certifying that they comprehend the plea, and are entering into the agreement voluntary and without begin pressured. An Example will be if a defendant is charged with a felony theft charged, the conviction would be imprisonment in a state prison. The offender may have the opportunity to plead guilty to a misdemeanor theft charge, which will carry over to jail time. If a judge perceives that the plea bargain is too lenient the judge has the right to reject the plea and order of the prosecuting and the defense to renegotiate.
Prosecutors are responsible to make sure the guilty person is prosecuted and that innocent people are protected from unwarranted prosecution. Prosecutors decide which types of plea bargains to enter and can ask the court to dismiss the charges. Prosecutors have more discretion than any other legal person including judges. A prosecutor’s position is much more difficult than portrayed on television. On television, the prosecutor, or ADA comes in tries the case and leaves.
When a defendant accepts a plea bargain the defense team has the advantage of less work with the same pay that he or she would have received if the case had gone to trial, prosecutors get the guilty plea that he or she was working to obtain, and the court system can move through cases at a faster pace. These advantages allow the court system to stay ahead of the mounting cases presented, making the trial process faster. Prisons and other incarceration facilities can also see a reduction of criminals being incarcerated, which helps with overcrowding in these facilities.Plea bargains have advantages that affect all players in the criminal justice system but disadvantages are also present in this process. Critics of the plea bargain will suggest