Defense counsels started to feel that defendants will not be able to pay for the time involved to go to trial, but the prosecutors feel even though they work harder at a trial they are not having to decide on a sentence in a plea bargain. The judges now have the burden to determine and announce all sentences to defendants. The ban on plea bargaining did not affect the sentences of violent crime charges, but it did drastically change the sentences of Felony 3 guilty outcomes. The defendants convicted of burglary, larceny and destruction of property found themselves receiving longer sentences.…
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,…
Westward Expansion Vocabulary Rewrite the definition in your own words. Remember you cannot use any form of the word being defined in your defintion. Term / Concepts Dictionary Definition Your Definition - Remember you cannot use any form of the word being defined in your definition.…
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…
The use of coercion in plea bargains is constitutional according to the Supreme Court. Since plea-bargains for drug courts involve a greater need of coercion than normal court process due to the limited options available, it is considered a leveraging power to help drug users take advantage of the necessary treatment provided. However, the excessive use of coercion has led to many drug offenders entering treatment that are considered understaffed and over capacity (Parsons & Wei, 2015). The excessive use of coercion has also forced a drug courts to choice in behalf of the defendant, since the alternative is facing a jail sentence. Despite the concerns addressed, the courts when challenged of this claim find under the drug court setting that…
You succinctly described how the Plea and Plea Bargaining phase is an important but controversial part of the Juvenile Court Process. As you noted through your law enforcement experience, many see plea bargaining as a miscarriage of justice. While it does bring an otherwise weak case to some type of closure therefore ultimately saving the time of the court and money for the tax papers, it does not truly bring justice for the victim(s) or the community. “Counterarguments hold that plea bargaining with juveniles is an unregulated and unethical process” (Siegel & Welsh, 2014, p. 360). This is one of the many gray areas that the juvenile court system has as apposed to the adult system.…
In chapter 10 of Examining Wrongful Convictions: Stepping Back, Moving Forward our authors Take a look into our plea-bargaining systems role into wrongful convictions. According to our authors plea- bargaining dispose of roughly 95 % of adjudicated criminal cases (Maguire, Tbls. 5.24.2008, 5.46.2006). Over my years of taking criminal justice course I have learned to so many innocent people actually plead guilty to crimes they did not commit. DNA evidence which lead to an exoneration is evidence of just that. Wrongful convictions produce out of our Plea Bargaining are much less likely to result in an exoneration due to the defendants own admittance.…
The judge has the power to accept or deny the plea deal, and part of this process is to deny sentences that stray too far from the Sentencing Guidelines. Kosman writes that it is even encouraged for the prosecutor, defendant, and judge to agree to a plea sentence “explicitly calculated according to guidelines” (Kosman 806). Federal district courts that have denied these motions for sentence modifications, and federal circuit appellate courts that have upheld such rulings based on assumptions of the plea sentence and the per se rule have clearly demonstrated the overall trouble plea bargains have caused defendants. While plea bargains have clearly not been the best deal for defendants who are often first-time offenders, such a high rate of cases ending in plea bargains demonstrates the ubiquity and power of the practice in the American criminal system. This facet, combined with the disparity in crack cocaine sentencing has produced even more unjust outcomes for defendants who were offered sentence reductions by the Sentencing Commission, and reflects the harsh reality of plea bargains in the American criminal…
Around 95 percent of cases are plea bargained. Without plea bargaining, the court system would be drowning in cases and the right to a speedy trial under the 6th amendment would be virtually impossible. The court system in the United States is already overloaded with cases waiting to be heard, and the added cases resulting in the elimination of plea bargaining would be catastrophic for the criminal justice system. What plea bargaining does is allow the prosecutor to offer a lesser charge and, in turn, the defendant waives their right to a trial. It allows the court system to move along faster and deal with the offenders who commit more serious, heinous crimes.…
When less severe crimes receive the same or similarly harsh punishments as more serious or felonious crimes it creates an inequality within the courtroom. Removing plea bargaining would show results similar to the case from 1975 in Alaska where the Attorney General forbade prosecutors from plea bargaining with offenders. The results from this occurrence showed that the punishments for violent and felonious crimes did not change, but the punishments for less serious offenses and misdemeanors where dramatically increased (Rubinstein & White, 1978). The inequality created from the removal of plea bargaining would have drastic effects on the criminal justice system where the punishment for less serious crimes would be severely punishable but would have little to no effect on felonies and crimes of a violent nature. In the case from Alaska the primary objective was to hinder plea bargaining for the more serious offenders yet the outcome would eliminate the discretionary decision making of the courts and would lead to first time offenders of smaller crimes receiving unequal punishments for their crimes and reduced probability for parole (Rubinstein & White, 1978).…
I purchased and watched the movie “A Few Good Men” on amazon.com. The main character is Lieutenant Daniel Kaffee. In the movie, he is defending Private Downey and Corporal Dawson. He is assisted by Lieutenant Joanne Galloway and Lieutenant Sam Weinberg.…
The insanity plea is a defense in the court of law put in place for people who suffer from mental illness and commit crimes. Under this defense, the mentally ill are not entirely held responsible for their actions given the terms that they were not in the correct state of mind when the crime took place. The person would admit to committing the crime, but then say they are not guilty by reason of insanity (Francone). This plea has been used in my cases throughout history.…
The District Attorney has discretionary power to decide the disposition of cases. One of the primary ways that the District Attorney uses its’ discretion is in how he processes plea-bargaining. The District Attorney may reduce a defendants’ exposure to a crime if he provides some pieces of information that he needs to prosecute a bigger player in the narcotics trade. It has been said that the administration of justice is a selective process in which only those cases that will not overload the system will ultimately be prosecuted (Cole, 1970)…
“A Few Good Men” as Related to Concepts Learned The film “A Few Good Men” (acquired for the Eiche Library) revolves around the criminal law branch of the court-martial of two U.S. Marines charged with murder, conspiracy to commit murder, and conduct unbecoming a Marine. The storyline shares the trials and tribulations experienced by their lawyers assigned to defend them as they prepare for the case. The film illustrates the various phases of criminal procedure from arraignment, plea bargaining, to the trial itself and depicts the usual cast of courtroom individuals: defendants, Lance Corporal Harold Dawson (Wolfgang Bodison) and Private First Class Louden Downey (James Marshall); defense council, Lieutenant Daniel Kaffee (Tom Cruise),…
Real World Negotiations – A Reflection Before this exercise, I took for granted that negotiations happen almost every day, everywhere in our day-to-day lives. The image I associated negotiation with was one in a formal setting, with men and women in their suits negotiating a business deal, a multinational treaty, etc. Two of the in-class negotiating exercises helped affirmed this image of formality to a degree and gave me a rose-tinted view of negotiations. It wasn't until I negotiated in the real world, with the awareness of being in a negotiation, did I realize I was wrong.…