Plea Bargaining
Introduction
In 1954 the Supreme Court of the United States overturned Plessy v. Ferguson which legalized Jim Crow. Although overt racism was outlawed, many believed the problem to be solved. Most people believed the problem was segregation but segregation was a representation of an institutional value system of race, gender and wealth. The legal system in America still allows for racial exclusivity and discrimination on members of minority groups. The plea bargaining process is used in the legal system to help resolve criminal cases and supports the basic structure of the legal system but does not support the due process rights of criminal defendants.
Plea Negotiations Support the Structure of the Legal System
The adversary system is the legal system in which prosecution and defense are opponents, or adversaries, and present cases. The goal in an adversarial system is not to determine the truth but to win. The majority of criminal cases are resolved through plea bargaining- a guilty plea by the defendant in exchange for recommendations of a lesser punishment or reducing the original charge. Plea bargaining brings to light the unreciprocated power that the prosecutor has due to the nature of the criminal justice system in America.
Plea Deals Demonstrate Prosecutorial Power …show more content…
Kalief Browder was held for three years in prison for being accused of stealing a backpack when he was 16 years old. He spent nearly two of the three years in solitary confinement, alone in a cell for 23 hours a day. Browder never stood trial and insisted on his innocence, refusing several offers from prosecutors to take a plea deal, including one that would have allowed him to be released immediately (Schwirtz & Winerip, 2015). Ultimately prosecutors dropped Kalief Browder’s charges because during the three years they had lost contact with their only
Introduction
In 1954 the Supreme Court of the United States overturned Plessy v. Ferguson which legalized Jim Crow. Although overt racism was outlawed, many believed the problem to be solved. Most people believed the problem was segregation but segregation was a representation of an institutional value system of race, gender and wealth. The legal system in America still allows for racial exclusivity and discrimination on members of minority groups. The plea bargaining process is used in the legal system to help resolve criminal cases and supports the basic structure of the legal system but does not support the due process rights of criminal defendants.
Plea Negotiations Support the Structure of the Legal System
The adversary system is the legal system in which prosecution and defense are opponents, or adversaries, and present cases. The goal in an adversarial system is not to determine the truth but to win. The majority of criminal cases are resolved through plea bargaining- a guilty plea by the defendant in exchange for recommendations of a lesser punishment or reducing the original charge. Plea bargaining brings to light the unreciprocated power that the prosecutor has due to the nature of the criminal justice system in America.
Plea Deals Demonstrate Prosecutorial Power …show more content…
Kalief Browder was held for three years in prison for being accused of stealing a backpack when he was 16 years old. He spent nearly two of the three years in solitary confinement, alone in a cell for 23 hours a day. Browder never stood trial and insisted on his innocence, refusing several offers from prosecutors to take a plea deal, including one that would have allowed him to be released immediately (Schwirtz & Winerip, 2015). Ultimately prosecutors dropped Kalief Browder’s charges because during the three years they had lost contact with their only