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
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
However, with the “due process an individual is allowed their day in court if suspected of a crime because of United States constitution. Therefore giving that individual a right to a fair trial with an option for a jury of his or hers peers. It is the responsibility of the courts system to provide strong evidence on an individual accused of committing a crime beyond reasonable doubt. Strong evidence is important to avoid sending an individual to prison if they are innocent (Siegel, J. L.,
It is possible that the truth is, that government officials have deliberately engineered the system to assure that the jury trial system established by the Constitution is seldom used, instead plea bargaining is the primary technique used by the government to bypass the institutional safeguards in trials (Timothy Lynch Cato Institute). Some argue that plea bargaining results in criminals receiving undeserved leniency, while others argue that plea bargaining subject’s defendants to unjustifiable pressure to forego their constitutional right to a jury trial. Scholars have attacked plea bargaining on the ground that prosecutors wield too much power over defendants and coerce them into accepting plea agreements which might be unfair. Some commentators add that these defendants are too often deprived of
Due process protections under the Constitution force the state to fulfill its burden of proving its case against the accused. I personally prefer the due process model rather than the crime control model, The crime control model assumes guilt by fact. The person is guilty unless proven innocent. This is one of the downfalls of the Crime Control Model. The concern with this model is a quick and speedy conviction despite the innocence of the alleged criminal.
Jury Nullification CJA/344 May 2, 2013 Jury Nullification When juries believe a case is wrong or unjust they may acquit a defendant who has violated a law. This is known as jury nullification. In the United States, jury nullification has been an option for the jury. The jury plays an important role in interpreting and upholding the laws that the American government has outlined. Today’s society finds it necessary question to what range a jury can take the laws of America, change them, and make them their own.
Plea bargaining is a process within the criminal justice system and it takes place between the two parties involved in a criminal case that is the prosecutor and the defendant .The defendant is asked to enter into a guilty plea by the prosecutor in exchange for a lighter sentence and in some cases the prosecutor might even consider reduction of the charges as an incentive for the defendant to enter into a guilty plea (McConnell, Michael & Chester, 1999). According to McConnell, Michael and Chester (1999), plea bargaining has proved to be beneficial to the criminal justice system and for this reason I believe attorneys should be allowed to use this tool in settling their cases. Some of the benefits that have resulted in plea bargaining as a means of settling cases are discussed as under:
Constitutional Rights and Plea Negotiations A plea bargain is a process in which the defendant arranges a ‘deal’ with the prosecution. A plea bargain essentially means that a defendant charged with multiple crimes will plead guilty to a certain charge in order to escape going to trial for a more serious charge. In the United States, the majority of criminal cases are settled through plea bargains. Moreover, a guilty plea waives the constitutional right to trial and subordinates trial rights such as the right to confront one's accusers. Under the "doctrine of unconstitutional conditions," waivers of constitutional rights often are held invalid when they have been required as a condition for receiving favorable governmental treatment.
The prosecution, the judge and the defendant all benefit when defense counsel performs in the way the Constitution envisions. The broken public defense system in our State doesn't have to be like this. It can and must be fixed. As a result of these deficiencies, many individuals facing criminal charges are compelled to appear in court without a lawyer at critical junctures, such as when bail decisions are made. This often results in unnecessary or excessive bail being set and keeps people who cannot afford it in jail awaiting trial Many public defense lawyers also fail to: meet or consult with clients at critical stages in their cases; investigate the charges against their clients or hire experts who can assist with case preparation or testify at trial; file necessary pre-trial motions; and provide meaningful consultation before clients accept plea bargains, regardless of whether a charge is appropriate or a viable defense exists.