A plea bargain can help a prosecutor by it saves the court valuable time for high-priority cases. Also it can help a prosecutor because then don’t have go through a trial if they have a lot of other cases. A plea bargain can also help a prosecutor because if the defendant takes the deal it shows that they are taking responsibility for the crime. When it comes to the defendant a plea bargain can help by the defendant could get a lesser sentence if they plead guilty to the crime the committed. Also it can help the defendant by not making them sit though a trial.
It is difficult to hold prosecutors accountable for acts of misconduct. Since prosecutors are often viewed as the “good guys” by the public, many times unethical, as well as illegal acts will be tolerated by the courts and criminal justice system as a whole. Prosecutorial misconduct is considered any action taken by the prosecutor in a criminal case that is against the law and/or unethical. Prosecutorial evidence can be anything from harassing witnesses on the stand, pressing unfounded charges against defendants, tampering with evidence, withholding evidence, up to taking bribes. Prosecutors can sometimes get away with misconduct as it is extremely difficult to prove that misconduct had actually taken place.
It is for something else….TIME. It seems like time is the driving factor in letting these criminal back into the streets. It is a game where whoever can fess up to the crime gets the prize behind the door number one, time served or lesser time. Meanwhile the innocent has to go through the process of trial with the likelihood of being found guilty. “The government needs guilty pleas to move the cases out of the court, and the defendants are selling their guilty pleas for the only currency the government can offer-time.
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
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
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.
Although the penalties for burglary are harsh, it's often possible to get the charges reduced or dismissed. Because of legal technicalities and difficulties of proof, prosecutors frequently agree to settle cases for lesser charges. And burglary cases that go to jury trial, with an effective defense, can result in a "not guilty" verdict. Just because you are accused of or prosecuted for burglary does not mean that you must be convicted of burglary. Depending on what the judges charges are against Oliver he may get charged with the burglary on top of that he may be charged with possession of a firearm and silencers are illegal so that may be another charge he will be charged with.
With the defendant they get a shot at leniency from the judge. Then there are some that say plea bargaining is unconstitutional. “Plea bargaining rests on the constitutional fiction that our government does not retaliate against individuals who wish to exercise their right to trial by jury.” (Lynch, The Case Against Plea Bargaining, 2003). essentially this means if the defendant believes in their innocence and want to go to trial the will be punished for standing up for their constitutional rights. It is my belief that plea bargaining is an utter necessity, and though it may not seem just at all times; we as a society can see how hectic the court would be if all cases were brought to trial.
Running head: Analyzing Victimology Analyzing Victimology Carolyn Simon CJ:430 Psychological Profiling Professor Jason Lile February 1, 2013 “Psychological profiling has been described as an excellent tool for law enforcement; although it does not replace good investigative techniques it has proven to be useful” (Holmes & Holmes, 2009). Some techniques used by psychological profilers use to help during investigations are the inductive and deductive approach, criminal profiling and geographic profiling. The inductive approach to profiling is based on the theory that if crimes committed are similar, the offenders share similar traits (Holmes & Holmes, 2008). This method gathers information from past events to support broader generalizations. The deductive approach to profiling uses the crime scene and any evidence left behind to gather information about the offender (Holmes & Holmes, 2009).
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