Plea Bargaining The courts believe that the justice system is benefited from plea bargaining as it reduces the court congestion, lessening the risks and uncertainties of the trial. Some people believe that plea bargaining is unconstitutional as it takes away a persons right by jury. Plea bargaining is an agreement between both parties that benefits both side to some degree. More then 90% of all convictions come from a negotiated plea bargain. A judge does not have to go along with a plea agreement and may reinstate the original charge.
Plea Bargaining allows criminals to cheat justice and laugh at the public’s respect for the criminal justice process. Allowing criminals to plea bargain and get a lesser sentence is an unfair practice not only for the public but mostly for the victim. District Attorneys, with caseloads too heavy for any one lawyer to tackle, could become discouraged and let their integrity fall, intimidating or scaring the innocent to plead guilty to crimes they did not commit to get a lesser sentence, diminishing the amount of work necessary to mete out justice and go home. On the other hand, a person who wants a fair trial to prove his innocence can end up being found guilty and be punished for wanting a fair shot in the judicial system, receiving a higher sentence than if he had just plea bargained. Also, the person who is truly innocent can also end up being found guilty and have a higher sentence and would have been better off if he/she had plead
But their also could be a great deal of innocent people serving time due to a plea bargain because they were to scared to fight for their innocence. Although as Oppel stated, plea bargains benefit many defendants who have committed crimes and receive lighter sentences than they may have after trial. But I feel if they committed the crime maybe we should invest the time and effort to put them away or punish them they way they deserve to be punished. If someone had robbed, raped, or murdered a family member or friend of mine I would be quite unpleased if I was to find out in court they accepted a plea bargain for a lighter sentence and now were to be released within only a couple years. Its criminals like that who of course will basically accept the plea bargain as an easy get of jail free card, when they deserved to go to trial and be found guilty and put away for much
Plea bargaining is definitely good for the justice system, for many reasons. Some of those reasons are as follows: * Plea bargaining leads to the prompt and largely final disposition of most criminal cases. (1) * Plea bargaining reduces the time that pretrial detainees must spend in jail. (1) * If they plead guilty to serious charges, they can be moved to prisons with recreational and educational programs instead of enduring the enforced idleness of
The fact is, Jimmy was able to get off with a far lesser penalty through plea bargaining than he would have had the case gone to trial. The victims of the crimes Jimmy committed will most likely feel cheated by this process. Jimmy, however, is elated by the deal as he is essentially free from the potential fines and jail time he could have perhaps have had dealt with. Is this how justice in the United States is served? Is this how our justice system should work; through backroom deals?
Plea Bargaining CJA/224 May 08, 2012 Plea bargaining is an effective method at speeding up the criminal justice system and avoiding a trial in many cases. It is easier to let the criminal admit their own verdict and sentence the accused without a lengthy trial. Depending on what the accused is going to be charged with, this method can also backfire and leave a victim with anger that justice isn’t served. Although plea bargain negotiations may happen at any point in the trial progress, plea bargains often follow up on pretrial motions targeted at finding the dismissal of charges, or presentation of evidence. Aside their constant use, plea bargains are one of the most controversial methods in the criminal
At times, there are even attempts through the legal system to have their sentences reduced and released on “good behavior”. James Hamm, like any other murderer was sentenced for first degree murder and sent to prison. Unlike many offenders, James took a turn for the better. He accepted full responsibility in taking an innocent life, and as a result, made positive steps towards becoming a better person, perhaps both for himself and for society. While incarcerated, James registered in several courses that improve self worth as well as every work program the prison had to offer.
The extent to which the criminological perspective has been successful in achieving its goals in California is the crime rates have lowered somewhat over the years that the law has been in effect. If the offenders are not on the streets then the citizens are protected and the crimes will not be committed. The thing is that this has made the prison systems overpopulated and the states have had to build more prisons to hold all of the individuals. There are some methods that were used to achieve the goals of the three strikes law. The first thing that is looked at when determining if an individual falls under the three strikes law is if: • That individual had committed a serious or violent felony in the past and has been convicted of it and commits a new felony.
The plea is often associated with the punishment and not necessarily the exact crime. The victim of the crime may not be vindicated to the degree that one might believe they should be. Plea bargaining tends to lean in favor of the defendant, and often it would appear that the victim’s feelings and concerns are completely disregarded for care of judicial expedition. The court tends to look more so at plea bargaining as a component of the administration of justice. To the victim the disadvantage is that they are being disregarded while the court focuses on the possibility of needed additional courts and judges.
2. The difference between false positive and false negatives in predicting dangerousness is false positives is wrongly predicting dangerous offenders who if released would not commit another dangerous crime. It is not acceptable to have a false positive rate of up to 50%. This alarming rate causes problems with juveniles because they will be labeled for life. It also costs taxpayers money because it unnecessarily incarcerates innocent youth.