How does the plea bargain process help the prosecution? The defendant? The People? Answer 2: A plea bargain is a process where a criminal defendant and prosecutor each reach a mutually satisfactory disposition of a criminal case, with the courts approval. With a plea bargain it can conclude a criminal case a lot faster without a trail.
Plea bargaining is an essential part of the United States criminal justice system and is practiced extensively in the federal, state, and local municipal criminal systems. Plea bargaining occurs when the District Attorney agrees with the defendant or the defendant’s attorney to lower the charge to or to agree to put the defendant on a special rehabilitative program which usually does not carry an imprisonment as part of the sentence and might or might carry a conviction. The advantages of this practice allows the system to heavily reduce the criminal dockets, and for the prosecuting attorneys to concentrate on prosecuting serious crimes in which a plea bargain is no palatable. A trial costs time, resources, and taxpayer money. Bargaining reduces this burden.
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
The benefits to law enforcement are increased incentives for captured suspects, pending the prosecutions approval, and leverage for capturing more suspects or higher profile suspects to a case. The benefit to the prosecution and the judicial process are leverage similar to that of law enforcement, but the clutter of the system is one of the biggest benefits. If the court system had to prosecute every single case that comes through the system, including the guilty plea, it would be log jam that would be hard to catch up with. With plea bargaining as well, it gives the accused a chance and incentive to come clean and admit their wrongdoing so they can pay their debt to society and be on with their lives. 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.
But in contrast there are very different at the same time. The crime control model is used in the criminal justice system for the prevention of crime. The crime control does not exclude that is possible to make a mistake, but based on the circumstances of the laws, the person is considered guilty until her or she is proven innocent. This model is based on old fashion laws which allow rapid and speedy convictions despite the mitigating factors of the case and the victim. The results, of the crime control model are wrongful convictions, being over-turned and this is a major downfall in the criminal justice system.
The three strikes law was implemented in 1993, it was created to act as a strong deterrent as well as to identify and incarcerate habitual offenders by enforcing minimum sentence lengths. The advocates of the law propose that it keeps violent and serious criminals behind bars therefore reducing crime rate. Those opposed suggest it overfills our prisons with aging criminals that eventually hamstring our economy. Overall I believe the three strikes law does more good than harm, and Ill examine articles that go deeper into these matters. According to Eugene H. Methvin, a large portion of violent crime can be prevented with an effective strategy of identifying and incarcerating the individual, keeping him/her off the streets; saving society much
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.
If you decide you want to go through that path than it is what it is and don’t be * * surprise of the other criminals you have to deal with. The choices you made prove that you do not * * want to follow rules in our society so; your consequences are that you have to pay for those terrible * * choices. One model of a prison was the eastern state model. This was a model that was more about * * having people in a controlled setting and using the space in a humane way. In I really think this model * * is very effective and should be used more often.
The prosecutors work load is also reduced as a result of a plea bargain and thus they are accorded a chance to concentrate on other cases that can not be settled through plea bargaining. Besides the prosecutor, the judge also reaps the benefit of plea bargaining. This is because plea bargaining ensures speedy conclusion of cases that would have otherwise taken long to conclude hence ensuring movement of the system as a whole. Finally, it helps in reducing congestion in jails and prisons as a result of some of the defendants receiving suspended sentences from their plea bargains (McConnell, Michael & Chester,
Plea-bargaining is essentially an agreement between the prosecutor and the accused in which the accused pleads guilty in exchange for a lesser sentence or a reduced charge. It is a recognized procedure in the criminal justice system that aims to reduce the clogging of cases in court. It is said that aside from the plea bargaining, the criminal justice system, state laws and the US Constitution provides the accused with different legal defenses which he can use to avoid conviction or to relieve him from criminal liability. These defenses are negative defenses such as the denial of the crime or affirmative defenses such as by admitting the crime but alleging circumstances such as self-defense, insanity, provocation, and violation of the right