Plea Bargains Andrea Dennis-Hart September 23, 2009 Tony Stroud A plea bargain according to Black’s Law Dictionary is the process whereby the accused and the 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 (Black, 1991, p. 798). Many plea bargains need to get the approval of the court, but some may not be; this is when prosecutors may drop charges in exchange for a guilty plea. There are different forms of plea bargains. All involves some form of sentence reduction.
Right to Counsel Elsie M Farias CJA 364/ Criminal Procedure March 27, 2013 Professor Horwath Right to Counsel The Sixth Amendment of the United States constitution grants the right of a person accused of a crime the right to counsel to aid and represent themselves. This is known as the Right to Counsel. The Right to Counsel is founded on the Right to a fair trial. If a defendant is unable to retain their own counsel, they have the right to request one to be appointed to them. The defendant also has the right to not retain or request a lawyer and this turns their representation to Pro Sea which basically means one waives all their rights.
He is very experienced in criminal law and is against mandatory sentencing. This journal presents information that the mandatory sentencing policy in the U.S. is a failure. It argues that Legislators thought that they could “get tough on crime,” especially drug crime. I feel this source gives educated reasons as to why drug policy needs to be changed. It also backs up my other sources with the same research results; by removing the sentencing discretion of judges, and replacing it with mandatory jail sentences, we are sending more offenders to prison instead of programs designed to rehabilitate.
| | | mandate of precedence. | 1 points Question 5 1. Which of the following is the most common reason for prosecutors to reject cases? Answer | | Due process problems | | | Arrest problems | | | Evidence problems | | | Interest of justice problems | 1 points Question 6 1. The ____ is the report of a grand jury investigation which usually includes recommendation of indictment.
Trident University Criminal Justice System Procedures (CJA 502) Summer 2010 Module 1 - Case 19 July 2010 Module 1 – Case Does the Federal Grand Jury System need to be reformed? Being that “Grand juries listen to evidence and decide if someone should be charged with a crime (Brenner, 2003)”, I believe the Grand Jury System to be in need of a reform. The evidence the grand juries hear, unlike a trial jury, is against the accused without allowing the accused to refute the evidence with evidence of his or her own. Other issues of concern as to why I believe in reformation of the grand jury system include: embarrassment, fear, manipulation, uphold rights, misconception, and unfairness. Illustrated statements for each aforementioned
Although the Supreme Court often speaks about a “preference” for the use of search warrants when it is feasible to obtain one,[FN1] and while the Fourth Amendment by its terms does not distinguish between “searches” and “seizures,” history and experience have created no similar preference for arrest warrants. [FN2] In 1789 it was first provided by statute that an arrest must be made “agreeably to the usual mode of process against offenders in such State.”[FN3] In 1948 the Supreme Court held, by analogy to this statute, that the validity of an arrest without a warrant is also to be tested by state law, except in those cases where Congress has enacted a federal rule. [FN4] Despite the repeal of the statute in 1948, state law still governs arrests without a warrant except to the extent that federal statutes grant or restrict the
As it is felt that expanding and clarifying the Three Strikes Law is the best option within one debate is the three strikes law “destroys the flexibility of the courts and the judge. Each criminal offender is different. Each set of crimes is different. The specific reason we have judges, juries, and lawyers is that each situation deserves a fair analysis and punishment. A one-size-fits-all system of judgment destroys the flexibility.” (Messerli, 2012) But it is felt within establishing the clarification and limitations of these laws being applied that of only serious, and for violent crimes limits the possible miss application of these guidelines into crimes that would be seen as unjust for the crime
Criminal Procedure Policy CJA364 Criminal Procedure Policy The criminal justice system has its procedures and policies that help to control how it operates and to protect those that are in the criminal justice system. The Bill of Rights and the Constitution guarantees that the criminal justice system affords Due Process to all persons that are involved in the system. The fourth amendment gives the people the right to protect themselves and their possessions from unreasonable search and seizures. The Fifth Amendment states that a person shall not be held to answer any question indictment by a grand jury. The sixth amendment gives the people in the criminal justice system the right to a speedy trial.
Nolo's Plain-English Law Dictionary “HABEUS CORPUS” (hay-bee-us kor-pus) Latin for "you have the body." A prisoner files a petition for writ of habeas corpus in order to challenge the authority of the prison or jail warden to continue to hold him or her. If the judge orders a hearing after reading the writ, that becomes the prisoner's opportunity to argue that the confinement is illegal. Habeas corpus is an important protection against illegal confinement, once called "the great writ." For example, it can be used in cases where a person is being held without charges, or when due process obviously has been denied, bail is excessive, parole has been granted, an accused has been improperly surrendered by the bail bondsman, or probation has been summarily terminated without cause.
The defendant is first asked whether he pleads guilty or not guilty. If guilty then the defendant has no right to ask for the case to be heard at a Magistrates court. However magistrates may decide to send the defendant to the crown court for their sentence. 6. When are mode of trial proceedings conducted and which factors should magistrates consider under s.19 Magistrates Court Act 1980?