Alford plea

PLEA BARGAINING’S LACK OF FORMAL PROCESS Additionally, plea negotiations lack a formal process, where unrestricted prosecutorial discretion coupled with minimal judicial oversight gives rise to inconsistent sentencing and a non-transparent system. In the current system, prosecutors have almost unlimited discretion which can lead to overcharging, where the accused may face “duplicate charges for single acts or crimes charged at higher degrees than the evidence can reasonably support” (Work, 2014…

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…

system can be incus lice of a Plea bargain. A plea bargain is an agreement reached between the prosecutor and defendant, where the defendant agrees to plead hilt, in return for something beneficial to the defendant, such as a reduced sentence. (Plea Bargain) This essay will include a plea offer from the procurer’s office, a counter offer from the defense council, and discuss the role of the Judge in plea bargain cases. It will also include what factors contributed to the plea offer and…

Plea bargaining in the criminal justice system is a controversial practice. There are people who believe plea bargaining is an injustice towards both the innocent and the victims. There are people who believe plea bargaining is morally acceptable. No matter how many people believe it is a defect in the criminal justice system, plea bargaining will always exist. Plea bargaining is a negotiation in which the defendant agrees to enter a plea of guilty to a lesser charge and the prosecutor…

The Nature of Plea Bargaining in the American Criminal Justice System Many conceptualize the American criminal justice system as consisting of trials where prosecutors and defense attorneys argue over the defendant’s innocence. However, the truth is that the traditional court norm of a full-fledged trial is becoming increasingly rare as time goes on. As the population grows, more court cases will naturally enter the court system. However, with only a miniscule amount of judges to preside over…

Based on my opinion, plea bargaining should continue to be a part of our judicial system and each case should be tried on its own merits. We have some advantages and disadvantages to our justice system. Plea bargaining does serve a purpose in our criminal justice system. It saves the state resources and distributes benefits to one who takes on the responsibility for their crime." Approximately 95% of all criminal cases are resolved through plea bargaining" (Bohm & Haley, 2014, p.13). Many…

Introduction Plea bargaining according to Meridian-Webster dictionary (2015), is defined as a process in which a person who is accused of a crime and is allowed to the he or she is guilty of a less serious crime in order to be given a less severe punishment. Once a defendant enters a plea bargain they are not allowed to recant their plea. This process can be initiated by both the prosecutor and the defense attorney. If a defendant’s lawyer offers the plea bargain to the prosecutor and it is…

One night in the 1970’s, Henry Alford visited a bar that he usually attends, to see a prostitute. According to serval reports, upon his arrival at the bar, Alford got into a fist fight with another gentleman. After the fist fight, a witness claimed to see Alford retrieve his gun from his house and profess to want to kill a man. Shortly after, the same witness claims to have heard Alford confess to have committed the crime. Following his arrest, he was appointed a fairly young lawyer. This young…

The advent of plea bargaining in the legal system in the past century has rendered the classic "trial" virtually obsolete. Plea bargaining1 is a crucial feature of our criminal justice system, as approximately 95% of convictions that occur within a year of arrest are obtained by a guilty plea. For at least a century, the institution of plea bargaining' has been a central feature of the American system of criminal justice. In September 203, the Justice Department again revised its guidelines…

They must use an Alford Plea. An Alford Plea is where the suspect pleaded guilty even though they were not, in order to be released from prison. The court did this because they had evidence that proved the boys were innocent, but they did not want the boys to sue the court system…