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
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
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.
One of the types of plea bargaining is charge bargaining. Charge bargaining is where the defendant pleades guilty to a lesser charge, and the other higher charges they may have against them would ultimately be dismissed. Another type of plea bargaining is sentence bargaining. This is where the defendant pleads guilty to a charge, but they receive a lesser sentence. The third kind of plea bargaining is fact bargaining.
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.
If a jury fails or refuses to convict a defendant in a criminal trial even though there if proof of guilt, jury nullification takes place. This is because the jury believes the law is being biased or unjust. If jury nullification is used in an honest and appropriate manner, it is likely to favor minorities in the courtroom in terms of sentencing for the crime committed as opposed to it being based on race. Most people that are picked to be on a jury do not know about jury nullification. A jury, juror, or judge can nullify a case in almost any
The U.S. criminal court system is an adversarial process. The adversarial process uses defense attorneys and prosecutors to represent the positions of two opposing families. The process places the burden on the prosecutor, who must prove to a jury that the defendant is guilty beyond a reasonable doubt. The defense attorney argues for the innocence, as well as the legal protections, of the accused. The judge, a disinterested party, ensures that the two sides play by the rules.
Thus, as this happens, it would be right for punishment as this is believed to wrong. In the United State’s Court Systems, the conventional method is for jurors as “evaluator of fact” and judges as the interpreter of the law and the instructor of the jury with regards to the application of the law. In an instance wherein the jury replaces its personal interpretation of the law and ignores the law fully to come up with a verdict, this results to jury nullification. In the courts, the commonly established perception of jury nullification is when a juror acknowledges power but has no right to nullify the law. Jury nullification is frequently practiced, but rarely occurs, in criminal trials and theoretically applicable to civil trials too – where it is focus to civil procedural solutions.
A situation may lender an innocent suspect guilty. Many suspects would seek a go ahead with self-representation rather than acquiring an unreliable defense from a corrupt lawyer. The role of attorneys in the criminal justice system as it applies to right to counsel In the most sensitive court proceedings such as confirmation of charges, trial, and appeal, a suspect will have legal assistance by a court. The attorney will assist the suspect who does not have ability to afford hiring his or her attorney. The lawyer should fully represent the suspect fairly without discrimination or any nature as religious beliefs, nationality, and color among other aspects.
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