Plea Bargaining Plea bargaining is defined as a(n) agreement between the prosecutor and defense attorney that they mutually agree upon. The great thing about plea bargains is that they do speed up trials which help with the overwhelming number of court cases that keep coming. Unfortunetly they also help lesson the charges and/or sentencing that some Criminals deserve to actually get, It also plays a key role, with helping stop more serious crime cases where officers and prosecutors are trying to get the “bigger fish“ they use it as a bargaining tool that will have a suspect “flip.“ Which the suspect will give them more info about who the crime boss is and in which will help out with there investigation and possible conviction. Yes they
Prosecutors are responsible to make sure the guilty person is prosecuted and that innocent people are protected from unwarranted prosecution. Prosecutors decide which types of plea bargains to enter and can ask the court to dismiss the charges. Prosecutors have more discretion than any other legal person including judges. A prosecutor’s position is much more difficult than portrayed on television. On television, the prosecutor, or ADA comes in tries the case and leaves.
Plea bargaining is an essential part of the United States criminal justice system and is practiced extensively in the federal, state, and local municipal criminal systems. Plea bargaining occurs when the District Attorney agrees with the defendant or the defendant’s attorney to lower the charge to or to agree to put the defendant on a special rehabilitative program which usually does not carry an imprisonment as part of the sentence and might or might carry a conviction. The advantages of this practice allows the system to heavily reduce the criminal dockets, and for the prosecuting attorneys to concentrate on prosecuting serious crimes in which a plea bargain is no palatable. A trial costs time, resources, and taxpayer money. Bargaining reduces this burden.
Globalisation refers to the increasing interconnectedness of societies, so that what happens in one locality is shaped by distant events and vice versa. Globalisation has many causes including spread if information communication technology, the global mass media, cheap flights, deregulation of markets and easy movements of businesses. Moreover, the view that the process of globalisation has led to changes in both the amount of crime and the types of crime committed will be assessed. Held et al suggests there’s been globalisation of crime; an increasing interconnectedness of crime across national borders. The same process that brought globalisation of legitimate activities has also brought the spread of transnational organised crime.
Heavy growth and a rapidly increasing rate of crime, has identified the dire need for the criminal justice system to establish a faster and more expedited processes that will allow an additional means of handling criminal cases, rather than the drawn out, costly, and lengthy process of trial. This development is plea bargaining. Plea bargaining allows prosecutors a conviction guarantee and also allows them the ability process more cases in a specific amount of time. According to Cornell University Law School, plea bargaining can be defined as an informal agreement between a defendant and a prosecutor. In a plea bargain the defendant agrees to plead guilty to either some or all of the charges they are faced with in exchange for reductions from the prosecutors.
Criminal Law Evaluation CJA 354 August 29, 2011 Criminal Law Evaluation Criminal law is evolving to keep the criminal justice system alive. Criminal law models itself to the behavior of criminals. As people grow in knowledge to break the law, the punishment becomes greater for each crime. At least that is what has happened in the past. Now with the overcrowding of prisons, criminal law is changing once again.
Language Barriers As the United States continued to grow so did its cultural diversity. With cultural diversity comes many challenges for the criminal justice system, such as different moral, and ethical beliefs, and possibly the most important, the language barriers that the components of the criminal justice system face. Since the court system place a large role in society in its resolving of important criminal and civil issues. As society continues to become more culturally diverse than ever, it is important to have the proper skills present in the criminal justice system in order to preserve the rights of all involved. Without the proper translation many things can go wrong starting at the law enforcement level.
The benefits to law enforcement are increased incentives for captured suspects, pending the prosecutions approval, and leverage for capturing more suspects or higher profile suspects to a case. The benefit to the prosecution and the judicial process are leverage similar to that of law enforcement, but the clutter of the system is one of the biggest benefits. If the court system had to prosecute every single case that comes through the system, including the guilty plea, it would be log jam that would be hard to catch up with. With plea bargaining as well, it gives the accused a chance and incentive to come clean and admit their wrongdoing so they can pay their debt to society and be on with their lives. 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.
The moral panics that follow generally cause the government to promise expansion of the war on crime (Schissel, 423). Therefore, the government must come up with more
Unfortunately, our society has resorted to the use of plea bargains due to the expenses of a jury trial. Pros and Cons of Mandatory Minimum Sentencing To every situation or argument there is a list of pros and cons. The following are a few of the arguments for and against mandatory minimum sentencing. Pros: (1) Keep judges from giving useless sentences, such as probation for child molesters, (2) The potential cost of committing crimes is clearly laid out, which may actually deter someone who is aware of those minimums, (3) They can also help reduce the case load at courts through plea bargains. Cons: (1) Disproportionately affect minorities, (2) Increase prison population, (3) eliminates judicial discretion so the punishment does not always fit the crime.