Plea Sentencing Case Study

Improved Essays
Over 90 percent of the people that are convicted of felonies give up the right to be judged by a jury of his or her peers once they proceed to plead guilty. In the majority of the cases, these people plead guilty for something in exchange. Plea bargaining is an arrangement between a prosecutor and a defendant whereby the defendant pleads guilty to a lesser charge in the expectation of a lesser punishment. This casually happens when the defendant sees no other option by the prosecutor, but to plead guilty. This is very important because it is a necessary component in the criminal justice system, if it wasn’t for plea bargains, courts would be overcrowded and overwhelmed that they would be actually be forced to shut down. Plea bargains are so …show more content…
Paul Nugent, was the defense attorney that represented Kerry Max Cook. Kerry Max Cook was a young kid was arrested in 1977 and charged with the brutal murder and rape of 21-year old Linda Jo Edwards. Kerry was actually tried one year later after being arrested. One major thing that negatively impacted Kerry was the fact that he was allegedly homosexual, which back then was one of the biggest sins in the east side of Texas. Cook was convicted and sentenced to death, he spent years on death row where he was abused and raped. This led him to try to commit suicide, but he was saved. Instead of being seen as an act of desperation, it was seen as a killer who lost his mind. After years of being incarcerated, that's when Nugent became his lawyer. That's when the lawyer made a new trial happen, which once again, ruled Kerry guilty. In 1996, the Texas Court of Criminal Appeals reversed the conviction due to the conduct of both the police and the prosecution from the first trial. A critique was published detailing how the investigation was misleading intentionally and how the conviction was obtained through fraud and in violation of the law. According to Nugent, the problem in this case wasn’t that there was police misconduct, in fact, it was systematic misconduct. Nugent couldn't believe how out of nowhere the district attorney’s assistant wanted to offer his client a plea bargain, after

Related Documents

  • Improved Essays

    Review: In 1975, Attorney General, Avrum Gross, declared a prohibition on plea-bargaining in Alaska. Michael Rubinstein and Teresa J. White from National Institute of Law Enforcement and Criminal Justice were assigned to study the impact of Gross’s decision. Their first task was looking at whether the policy had been carried out by the courts in Alaska, and second, was what the effects were on Alaska’s criminal justice system. This involved conducting 400 interviews of the surrounding judges in Alaska and collecting information from 3,586 case files. Overall their goal was to create a detailed description of the Alaska system during the “before and after” years.…

    • 898 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Steven Vail Case

    • 1164 Words
    • 5 Pages

    He was convicted of the sexual assault and attempted murder of Penny Beernsten. Avery was sentenced to 32 years despite having an alibi and questionable evidence. Even when the Manitowoc Police department was contacted with evidence suggestion that they had falsely convicted Avery, that evidence was ignored. . The actual guilty party, Gregory Allen was left free…

    • 1164 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Ireland V Brady Summary

    • 933 Words
    • 4 Pages

    Boblit was also found guilty of murder and was also sentenced to death. Brady’s lawyer appealed claiming that the prosecution had withheld exculpatory…

    • 933 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Nathson Fields Case Study

    • 777 Words
    • 4 Pages

    He was handed one of the largest rewards in a wrongful conviction case in Chicago history. $30,000 from O’Callaghan and $10,000 from Murphy. It found that O’Callaghan and Murphy violated Fields due to process rights, and that the violation was a result of a Chicago policy practice. They violated Fields rights by withholding evidence from defense attorneys that could have pointed him away from being the killer. Also, it made an intentional infliction of emotional distress finding against…

    • 777 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    After the death of Sandy Seale due to a stabbing, Donald Marshall was accused of the murder of his companion. After the police investigated the situation, Marshall was tried in court and found guilty of the murder charges. However, during the initial investigation, trial and re-investigation, many errors did occur which eventually led to the wrongful conviction of an innocent man. A key witness in the prosecutor's case testified to have seen Donald Marshall in the park with Sandy Seale and claims to have witnessed Marshall stabbing Seale.…

    • 1345 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Plea-bargaining is an important process in the criminal justice system and are used to prevent lengthy trials. It is defined as “the process of negotiating a guilty plea involving either charge bargaining, where the prosecutor will offer to reduce the severity of the charges or the number of counts in exchange for a guilty plea, or sentence bargaining, where the prosecutor will agree to recommend leniency at the sentencing stage” (Hemmens, Brody, & Spohn, 2013). However, there are both pros and cons with plea-bargaining. One reason why plea-bargaining is an advantage to the court system is because it helps to relieve caseloads since the prosecutor’s workload decreases when a defendant takes the bargain. Also, when a defendant goes this route,…

    • 421 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    Randolph Arledge Case

    • 1155 Words
    • 5 Pages

    Texas has 125 records of wrongful convictions since 1989. Unlawfully charging someone with a crime they did not commit, barely looking at the evidence, wrongly convicting someone so they are sentenced to life in prison was the case for both Randolph Arledge and Kennedy Brewer . Randolph Arledge was convicted for the murder of Carolyn Armstrong and Kennedy Brewer for the slaying of Christina Jackson. Both Brewer and Arledge have what they were charged for, evidence behind the story, why they were released and how many years they were in prison until they were released To start off Randolph Arledge was an ordinary man who was a victim of being wrongly convicted for a crime he did not commit. First, an innocent man was sentenced to many years in prison.…

    • 1155 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    The prosecutor in the retrials was…

    • 1647 Words
    • 7 Pages
    Improved Essays
  • Great Essays

    In this research paper, an overview of what plea bargaining is, its incentives, and its disadvantages will be discussed in order to show that the disadvantages outweigh the advantages, as well as…

    • 1441 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Commerce law assessment task 3- Lachlan O’Malley Mandatory Sentencing in New South Wales 1. Mandatory Sentencing- a mandatory sentence is a court decision where legal discretion is limited by law. Most frequently, people convicted of certain crimes such as armed robbery or murder must be punished with at least a minimum number of years set in prison. 2.…

    • 1265 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    He never got to make a verdict; he was fired a week later from his manger position in Hawley. His owner there learned about his job decision. This left him with one choice, he was now the owner of Park Rapids…

    • 533 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Plea bargaining most often takes place before the beginning of a trial. It is the process by which the defendant and the prosecution work out a conclusion to the case, subject to court approval. For the prosecutor, the purpose of plea bargaining is to ensure a defendant gets punishment. For the defense, it is a way to get a lesser charge than if the case were to go to…

    • 606 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Plea Bargain Advantages

    • 2557 Words
    • 11 Pages

    A plea bargain is when the defendant in a criminal trial agrees to plead guilty in the exchange of a lesser sentence or to have other charges dropped. In theory, a plea bargain is a way to speed up the courtroom process. When applied correctly plea bargains are excellent tools within the criminal justice system. Incorrectly used judgment is cast down from those outside of the criminal justice system.…

    • 2557 Words
    • 11 Pages
    Great Essays
  • Superior Essays

    Pressures by the public in Breen’s case may have been presented by the Cabassa family, whom hoped justice would be served quickly. As we found in the article A Shot in the Heart when justice is rushed it can result in wrongful convictions (Clifford, 2016). In this case Breen rushed into the case with only Januszewski’s testimony to aid his argument, which was later considered perjury. This resulted in Evans and Terry, innocent, to spend the majority of their young adult lives in…

    • 998 Words
    • 4 Pages
    Superior Essays
  • Superior Essays

    Fair Sentencing Case Study

    • 1053 Words
    • 5 Pages

    The United States NY Federal drug sentencing guidelines compel disproportionately harsh sentences with a primary focus on racial disparity among poor communities. Drug crimes account for 51% of the offenses in federal prison and of the 195,933 federal inmates 69.7% of those individuals are African Americans and Hispanics. That is nearly three quarters of the total prison population. This exhibits the racial disparity within the prison system. Studies from Rehavi of the University of British Columbia and professor at The University of Michigan explains that the racial gap and discrimination of African Americans to White Americans are due to mandatory minimum filings by the prosecutor; black males are twice as likely to be affected by these…

    • 1053 Words
    • 5 Pages
    Superior Essays