Due process as our text states is a “fundamental fairness insofar as a person should always be given notice of any charges brought against him or her, that a person should be provided a real chance to present his or her side in a legal dispute, and that no law or government procedure should be arbitrary or capricious” (Neubauer & Fradella, 2014, p. 38). A plea bargain, “a process through which a defendant is pleads guilty to a criminal charge with the expectation of receiving some consideration from the state” (Neubauer & Fradella, 2014, p. 309). It’s an offer made to individuals who are facing charges and/or sentencing that may reduce the amount of time they would serve upon conviction. It is what it implies, it’s a deal. You’re looking at
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Say you didn’t want to plead guilty because you know you are innocent, you would then enter a plea of “not guilty”. Then the case would have to go to trial. Had you simply plead guilty to begin with, the judge would have sentenced you without the drawn out process of trials. Plea bargains are a faster way for the courts to get through all of the cases that they must filter through. In relation to due process rights however, plea bargaining is often used erroneously. Yes, it may be easier on the judicial system, but it’s not always in the best interest of the individuals being charged. Little consideration is given many times to the individuals and their charges. The prosecution and/or the courts just want to get them in and get them out. They see it as a gift, as a means to get them out of their hair without having to take the time to thoroughly invest in to the charges, ensuring accuracy for each individual charged. After all, they are supposed to be innocent until proven guilty, right? A plea bargain is a sore thing to be relied upon as proof, as these acts often violate due process …show more content…
Through this video it is apparent that the plea bargaining process is not being properly used in many cases. In one instance, the lawyer of one individual being charged was unprepared and offered little to no counsel for his client facing conviction. Plea bargaining is widely abused in the court systems. The cases outlined in the Frontline video were not positive representations of justice being served. It is important for cases to be resolved quickly as the court systems are overloaded with cases. Though in relation to due process rights, the client’s rights are not cared for as much as the court. Clients are not always given notice of charges filed against them, they are not always given a chance to present their side of the story with the understanding that it will be considered, and clients are not always given the benefit of the doubt in that some judiciaries are subjective and impulsive. In its true state, plea bargaining is beneficial. However, the courts and prosecutors are often lazy and inconsiderate in the use of this process. When it becomes more about how fast you can get through cases, and money, focus has been lost. The Plea states it perfectly, “When the courts are in pursuit of profit, that’s in conflict with the pursuit of justice. It has nothing to do with justice, it’s just easier.” That is a sad reality for many individuals who have been
Say you didn’t want to plead guilty because you know you are innocent, you would then enter a plea of “not guilty”. Then the case would have to go to trial. Had you simply plead guilty to begin with, the judge would have sentenced you without the drawn out process of trials. Plea bargains are a faster way for the courts to get through all of the cases that they must filter through. In relation to due process rights however, plea bargaining is often used erroneously. Yes, it may be easier on the judicial system, but it’s not always in the best interest of the individuals being charged. Little consideration is given many times to the individuals and their charges. The prosecution and/or the courts just want to get them in and get them out. They see it as a gift, as a means to get them out of their hair without having to take the time to thoroughly invest in to the charges, ensuring accuracy for each individual charged. After all, they are supposed to be innocent until proven guilty, right? A plea bargain is a sore thing to be relied upon as proof, as these acts often violate due process …show more content…
Through this video it is apparent that the plea bargaining process is not being properly used in many cases. In one instance, the lawyer of one individual being charged was unprepared and offered little to no counsel for his client facing conviction. Plea bargaining is widely abused in the court systems. The cases outlined in the Frontline video were not positive representations of justice being served. It is important for cases to be resolved quickly as the court systems are overloaded with cases. Though in relation to due process rights, the client’s rights are not cared for as much as the court. Clients are not always given notice of charges filed against them, they are not always given a chance to present their side of the story with the understanding that it will be considered, and clients are not always given the benefit of the doubt in that some judiciaries are subjective and impulsive. In its true state, plea bargaining is beneficial. However, the courts and prosecutors are often lazy and inconsiderate in the use of this process. When it becomes more about how fast you can get through cases, and money, focus has been lost. The Plea states it perfectly, “When the courts are in pursuit of profit, that’s in conflict with the pursuit of justice. It has nothing to do with justice, it’s just easier.” That is a sad reality for many individuals who have been