With a guilty plea the process shifts the focus from the jury and judge to the prosecutor and defence counsel. It expected by the public for the truth to be discovered through the fact finding trial process. In practice plea bargaining may prevent a public finding of the facts and substitute a behind the scenes cut short plea bargaining process that fashions an offence that may or may not be supported by the evidence and this also determines the variety of penalties available to the court and limits the discussion of the evidence (Palermo et al, 1998). Plea bargaining is a notion which is well known and generally used and accepted in the United States. This usually consists of a deal being made between the prosecutor and the defence an example of plea bargaining is when the prosecution offers to drop a more serious charge against the accused in exchange for guilty plea of a lesser charge and the
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
Plea bargaining usually occurs prior to a trial but in some cases may occur anytime before a verdict is rendered. Plea bargaining is often negotiated when a trial has been resulted in a hung jury; this will be used instead of going to trial. A plea bargain usually occurs on the telephone or in the office of the prosecutor at the courtroom. Plea bargains that are accepted by the judge are then placed on record in an open courtroom and the defendant must be present. In order for a plea bargain to hold validity it has to have three essential components, A knowing waiver of rights, A voluntary waiver and A factual basis to support the charges to which the defendant is pleading guilty.
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
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,
The grand jury consists of about eighteen people who review cases that are to be presented. If the grand jury decides that there is sufficient evidence, they will write down their decision that is to be signed by the foreperson. If they decide that there is insufficient evidence, the indictment is then dismissed. The prosecutor would then have to present another indictment if they wish to continue with the case. The issues that the judge were to have considering John’s bond is that one, he is in the United States illegally.
In the federal courts, prosecutors also have the discretion to join charges. Joinder analysis usually proceeds in two stages under the typical statute. Permissibility of the joinder charges are determined in the first stage, and the second stage decides whether the joinder would prejudice one or both of
Sentencing is given out by the judge after the trial is complete. There are many possible sentenceing options in the criminal justice process. Many different institutions are available. Prisons in america are severly over-crowded. When offenders are sentenced to the department of corrections, in most states they are transported to a classification facility for an assesment and to be processed for the offenders needs.
The criminal process exists to investigate crimes, screen suspects, detain dangerous defendants, and secure convictions of guilty parties. The punishments for criminals within this process are much more severe. The crime control model was created in order apprehend and convict. With this model would come more jails, prisons, punishments, higher need for the death penalty. With this model, there is no second chance.
If the stricter laws were the same throughout the United States, federal and state, it would be a more effective tool to solve crimes in a speedier, more cost effective manner while saving lives and time of everyone involved in the legal system. The Use of DNA in Criminal Investigations An increase in the use of science for the solution of problems has been witnessed in the past two centuries. The significance of these changes often lies on the mindset and openness people have to welcoming new ideas and the judiciousness to see the long-term effects of the changes that could be incorporated in their lives as a result of technological changes. The use of DNA in the analysis of crime and their investigations is one such area. The collection of DNA at time of arrest exists in 25 states, but the United States should adopt this rule in unison because it is cost effective, saves lives and conserves valuable time in the judicial system.