In other crimes different that this, a plea bargain may be a viable option but in this particular case its not. A Plea bargain is when the suspect pleas guilty to a lesser charge in order to lower its punishment. The next steps are the pre-trial activities and the pre-liminary hearing is the next steps leading up to the trial. These two steps explain to the suspect and his attorney the evidence and the charges. If enough evidence is present a trail will be in act.
It promotes not only a healthy criminal justice system but also a healthy society, where political leaders cannot abuse criminal justice system to silence their opponents. However the use of juries in the criminal justice system may have many problems. Firstly most jurors have little or no training in matters of law. The only legal requirement for a juror is that he knows the facts involved in case being tried. The judge guides the juries in determining the facts they can admit into evidence and the ones they must exclude.
The prosecution and the defense both play very important roles in the criminal justice system. The prosecution is responsible holding criminals accountable for their actions. Whereas the defense is responsible for ensuring the defendant gets a fair and speedy trial. The prosecution investigates violations and works with law enforcement officers during the investigation. They let them know if there is enough information and evidence to charge a suspect with the crime.
Prosecutors can sometimes get away with misconduct as it is extremely difficult to prove that misconduct had actually taken place. Often times the prosecutor is viewed as being on the side of justice and as a result it is difficult for the defendant (who is accused of a crime) to turn the tide against the prosecution. Although during the trial both the defense as well as the judge may report a prosecutor for misconduct, this rarely happens as these reports are often dismissed. This is because as long as the prosecutions misconduct does not affect the outcome of the case, then it is tolerated, meaning that a prosecutor can harass a witness or the defendant so long as the harassment did not have anything to do with the outcome of the trial. The fact that the prosecutor works in the interests of the state can be seen as the underlying factor here.
The primary mission of the due process model is to protect innocent people from wrongful conviction. It is doubtful that many would argue against the fact that we must engage in significant efforts to protect those who may be falsely accused. However, many argue that while the due process model focuses upon the rights of the accused it ignores the rights of victims. due process model does not limit itself to the Fourth Amendment. The police must also consider the individual rights of the accused in respect to many of the individual rights guaranteed by the Bill of Rights.
With a plea bargain it can conclude a criminal case a lot faster without a trail. In a plea bargain the prosecutor will offer a plea and if the defendant takes it then he/ she will plead guilty without having to go to through a trial. Once the defendant accepts the plea the prosecutor will most likely dismiss certain charges or make sentence recommendation to the court. Once the attorney and the prosecutor have reached an agreement they bring it up to the defendant to see if they want to take the deal or not and that is called plea negotiations. A plea bargain can help a prosecutor by it saves the court valuable time for high-priority cases.
If you are acquitted, it cannot come back for a second bite. (Fitzpatrick) The jury only has one shot at successfully prosecuting the accused person, so the prosecutors must be sure about their case before it even begins. If the police are almost positive that a person committed a crime, but do not have all the evidence to find them guilty, they could waste valuable time trying to gather more evidence. While they try and figure this out, the person could leave the country, or even commit additional crimes. In many cases, people have been free from conviction because the evidence was not strong enough to convict them.
The Due Process Model is a process that works on the assumption that the criminal justice system has errors, and because of those errors a defendant is not guilty until proven otherwise. The Due Process Model allows for a defendant to bring about any claims in their
Having a brain abnormality must be proved by the defense, not the prosecution. The defense must argue that the individual did not know the right from wrong. This basically does not mean they are mental ill or deranged now but only at the time of the offense. It’s usually a challenging weight to overcome, since the incident may have took placed months or years after the event. Sometimes, the insanity defense is the only way a criminal defendant can avoid tough punishments.
If, at the end of and on the whole of the case, there is a reasonable doubt, created by the evidence given by either the prosecution or the prisoner... the prosecution has not made out the case and the prisoner is entitled to an acquittal. No matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part of the common law of England and no attempt to whittle it down can be entertained .#