...Plea Bargains Ashley Williams Axia University of Phoenix CJS 220 Pleas bargains are offered throughout the justice system everyday, in various types of cases. “Nearly 95% of all felony cases never reach a jury. They are settled through pleas bargains in which a defendant agrees to plea guilty in exchange for a reduced sentence.” (PBS, 2004). An agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence. Most criminal defendants are offered plea bargain. A plea bargain gives criminal defendants the opportunity to avoid sitting through a trial risking conviction on the original more serious charge. There are two types of pleas bargains; a charge bargain and a sentence bargain. A "charge bargain" occurs when the prosecutor allows a defendant to "plead guilty to a lesser charge," or to only some of the charges that have been filed against him. For example, a defendant charged with burgarly may be offered the opportunity to plead guilty to "attempted burglary." A defendant charged with Drunk Driving and Driving With License Suspended may be offered the opportunity to plead guilty to just the drunk driving charge. A "sentence bargain" occurs when a defendant is told in advance what his sentence will be if he pleads guilty. This can help a prosecutor obtain a conviction if, for example...
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...| A Review of the Literature: Plea Bargaining and Ethics in the Criminal Justice System | | | Plea bargaining is a significant portion of today’s criminal justice system. As Chief Justice Burger stated, “The disposition of criminal charges by agreement between the prosecutor and the accused, sometimes loosely called ‘plea bargaining,’ is an essential component of the administration of justice. Properly administered, it is to be encouraged” (Santobello v. New York, 1971). The practice of plea bargaining has generated thoughtful ethical debate with effective arguments on both sides. Prior to offering an opinion, an understanding and comparison of the points of view regarding its use along with the purpose, types, and effects of plea bargaining must take place. A plea bargain is a criminal case pact wherein one side offers sentence prearrangement to the other in return for a guilty plea (Bikel, 2004). This permits those who have been suspected of serious criminal acts the opportunity to considerably lessen the charges and escape a more severe penalty. The prosecuting attorney will usually bargain this, or the initial charge will endure with a recommendation for a lighter punishment. With these forms of inducements, the courts save time and money swiftly and efficiently (Feješ, 2012). A plea bargain can be introduced by either the prosecuting or defense counsel with both sides negotiating throughout the process. This practice can be swift or entail...
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...The Courts in Our Criminal Justice System: Plea Bargains Class: CJS220 Instructor: College: University of Phoenix, Axia College The purpose of plea bargains are for defendant's to plea guilty to a lesser charge/offense or to a least one charge especially if there are multi-indictments. Pleading guilty for a lighter sentence that what a defendant could get with out the plea bargain. Defendant's will plea guilty in hopes of leniency, and at least 90 percent of criminal cases end in a plea bargains. The main three plea bargains involves in a reduction, but the reductions are not done the same way. The first type of plea bargain. is called charge bargaining. This is where the defendant pleads guilty for an exchange in reduction to the severity of the crime and charges. The second type of plea bargains is called sentence bargaining this is where a defendant pleads guilty and are promised a lighter or alternative sanctions. This type of plea bargaining is most common in murder trials where the defendant will plea guilty to avoid the death penalty. The third type of plea bargains is called count bargaining, this is where a defendant can have the number of charges reduced when he or she is being charged with separate counts. Charge bargaining positive would be in order to get a confession out of the offender you would offer a reduction of the crime and charges. A positive would also be if the prosecution wanted to find a body of the victim. The negative is having to...
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...Evaluate the effectiveness of plea bargaining. (15 marks) Plea bargaining is a controversial aspect in the criminal justice system. It can be both beneficial, and detrimental to any court case. A plea bargain is the flexible form of justice that refers to the negotiation of charges between the defence and the prosecution. A plea bargain serves the main purpose of getting the accused to plead guilty to an offence and eliminates the need for a costly criminal trial. At the heart of a plea bargain is a ‘deal’- a deal where the prosecutor agrees to drop a charge if the accused pleads guilty to something else. The objective is to secure a guilty plea and a quick resolution to avoid a lengthy, costly trial in cases where the facts are not disputed- or when one side (defence or prosecution) might have a weaker case and are worried about the outcome. An accused must enter a plea of either guilty or not guilty in relation to the charges they are facing. An early guilty plea usually eliminates the need for a trial and in a lot of cases come about after a plea bargain between the defence and prosecution. When the offender pleads guilty they receive a sentencing discount, which, except in cases that demand a life sentence, results in a sentence discount of between 10% and 25%. These discounts introduced in 2005 go a long way to cutting the cost of criminal trials. When an offender who was originally charged with murder is allowed to plead guilty to manslaughter, securing...
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...Plea Bargaining Paper Christina Petee POS 2041-American National Government May 8, 2016 Professor Richards Plea Bargaining Paper Introduction In my paper I will explain what plea bargaining is and why we have it. I will also explain why plea bargaining is important in the judicial system. So ask yourself, “What value or role does plea bargaining play in our judicial system?” Guilty is guilty, thus sentencing should be rather uniform in nature, shouldn't it? The complexities of law and illegal activities make plea bargaining a controversial though legally acceptable practice in the American legal system. Body Discuss the controversial practice of plea bargaining in the American judicial system. Should the nature of the crime affect the defendant's opportunity to plea bargain? I am going to discuss first what plea bargaining is and how it works. Government prosecutors, acting on behalf of the public, choose whether and how to pursue a case against criminal defendants who may have violated the law. In some cases, they may decide to offer a plea bargain, an arrangement in which a defendant agrees to plead guilty to a lesser offense than he or she was charged with, to avoid having to face trial for a more serious offense and a lengthier sentence. (Magleby 346) Magleby, David B., Paul Light, Christine Nemacheck....
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...crime. The trial process can be extensive, but criminal charges can also be settled in the pretrial process. The pretrial process largely determines the outcome of a criminal case; most criminal cases never make it to trial. Charges against the defendant may be dropped or dismissed due to a lack of evidence. The defendant may also plead guilty without trial. Many guilty pleas result from plea negotiations between the prosecutors and defendant or defense attorneys. This pretrial process makes a formal criminal trial unnecessary (Scheb & Sharma, 2013). There are various roles in the criminal trial process, including the judge, the prosecuting attorneys, the jury, and the expert witnesses such as forensic psychologists. The assortment of roles has a high effect on the outcome for the defendant. A prosecutor is responsible for determining what charges to pursue and whether to plea bargain with the defendant. A jury decides a verdict. A judge decides a sentence. A forensic psychologist can influence all of these decisions by serving as an expert witness after their interaction with the defendant. All of these positions involve a great deal of discretion. This work seeks to research existing guidelines for decisions of prosecutors in bringing charges against a defendant, of judges in sentencing a defendant, of forensic psychologists in giving expert testimony,...
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...associated with each role, and what are the goals of alternative sanctions? Finally, the student will discuss personal recommendations regarding victims’ rights. The main role of the prosecutor is to get a state conviction in criminal proceedings. At times of private practice, present a case in defense of the victim and other parties wronged by a criminal. Also, the prosecutor must prove without question that the defendant is the one at fault. The prosecutor at times, seeks to resolve the case with a plea bargain. The plea bargain is a prosecutions best tool. The plea bargain closes the case as quickly as it opened, and the prosecution team gets win without having to rely on a jury or argument. The main role of the defense attorney is to come to the aid of the accused and provide a competent defense or defenses to prove the innocence of the accused. During the plea bargain the defense attorney is trying to get the best deal for the client being represented by the defense. The plea bargain is a good tool for the defense as well. Even though the pea bargain can count as a lose the defense attorney secures two objectives with it. First objective is the defense attorney lightens the case load for him or her self. Secondly, the defense attorney secures possibly the better deal for the client instead of battling with the prosecution and getting a much harsher sentencing. The criminal is the defendant that has a failed defense, incompetent defense attorney, or both. The accused...
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...shows, Law and Order and Raising the Bar, both portray the legal drama and police procedures taken in a case. Upon watching an episode of Law & Order or Raising the Bar, one will see a lot of discrepancies of the fiction versus reality of today in the courtroom. It is important to remember that television shows are not real, unless stated so. Again the idea of creating a successful series is to have it appeal to the audience; drama, crime, and blood draw in a great percentage of audiences, therefore making the show a hit. Upon entering the courtroom in a televised series, it is often noticeable how the drama unfolds throughout the case. Both the prosecution and defense attorneys are often seen arguing a case outside of the courtroom, bargaining for a lighter sentence, and at times arguing...
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...Course Syllabus College of Criminal Justice and Security CJA/354 Version 4 Criminal Law Copyright © 2012, 2011, 2010, 2009 by University of Phoenix. All rights reserved. Course Description This is an introductory course in the study of criminal law, general legal principles, and how the criminal law functions in and affects modern society. This course highlights a variety of key topics, including the concept of crime and the development of criminal law, defenses to criminal charges, and a number of specific types of crimes, including personal crimes, property crimes, public order crimes, and offenses against public morality. Legal issues affecting punishment will also be discussed, as will ways the criminal law impacts victims of crime. Policies Faculty and students will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Course Materials Champion, D. J. (2009). Leading U.S. Supreme Court cases in criminal justice: Briefs and key terms. Upper...
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...CARIBBEAN MARITIME INSTITUTE Kingston Jamaica RESEARCH PROPOSAL “An examination of the Jamaican judicial system and the measures that can lead to a reduction in the high number of outstanding court cases.” Research Proposal submitted in partial fulfillment of the requirements of the course CPI To Lecturer: Mrs. E. Smith-Johnson By Travis Mais December 2012 TABLE OF CONTENTS Section 1 Introduction……………………………………………………………………....3 Statement of the Problem………………………………………………………...3 Rationale………………………………………………………………………...3 Purpose of the Study……………………………………………………………..3 Significance of the Study………………………………………………………..4 Background……………………………………………………………………....4 Section 2 Literature Review………………………………………………………………5-10 Section 3 Methodology…………………………………………………………………..11-14 Section 4 Data analysis…………………………………………………………………….15 Section 5 References………………………………………………………………………16 Section 1 1.0 Introduction The general purpose of this research is to determine how we can reduce the backlog of court cases and will increase confidence of the court system and the Jamaican citizens. This research has allowed us to identify several solutions to solve this long awaited problem that has been plaguing the Jamaican judicial system. 1.1 Statement of the Problem “An examination of the Jamaican judicial system and the measures that can lead to a reduction in the high number of outstanding court cases.” 1.2 Rationale This research topic is a result of the excessive...
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...Bond Hearings and a Plea Entrance; A Day’s Observation in the Circuit Court. Political Science 210 December 2, 2010 Political Science 210 December 2, 2010 Bond Hearings and a Plea Entrance; A Day’s Observation in the Circuit Court. On November 24, 2010, I was given the opportunity to observe a session of the Fairfax County Circuit Court. While observing the session I was able to view five bond hearings and one plea entrance, which allowed for a partial understanding of the typical daily court docket. Because many cases are settled outside of court, the daily proceedings within the courtroom are often shorter and without much argument. Fairfax County Virginia is located in the northeastern portion of Virginia nearby the District of Columbia. The county is the largest by population in the state, and also the densest county at 1,037,605 people within the county’s 407 square miles. Home to several intelligence agencies, and half of the metropolitan area’s Fortune 500 companies, Fairfax county has one of the highest median incomes in the country for a county of its size, second only to neighboring Loudoun County. The county was the first in the nation to reach a six figure median income and is known as one of the most populous areas in the Greater Washington Metropolitan Areas. The Fairfax County Circuit court, located in Fairfax City, is used to serve the residents of both the county and the city itself. The court is in the 19th Judicial...
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...The American Court System Behind Closed Doors America first established its judiciary system around the same time the 13 British Colonies became established as individual territories. When it came down to it, Federalist battled Anti-federalist over the writing of the Constitution of the United States. The Anti- Federalist were opposed to the idea of a one centralized government while the Federalists on the other hand were all for a centralized government. What came next was the establishing of the Judicial Branch known as Article III. The start of the first court system came along with Congress passing, The Judiciary Act of 1789. The act established the United States circuit courts which were also known to be United States federal courts and were located in each of the federal judicial districts. The act also established the United States Supreme Court and its justices. It wasn’t until 1912, that the district courts became exercised and became the new federal trial courts replacing the circuit courts as original jurisdiction. Circuit courts became known as federal court of appeals. They no longer have the right to try a case first, which is now the district courts role in the judicial system. With 13 circuit courts and 93 federal judicial districts the two courts make up most of the judicial system in our country. That’s why it is imperative that we know the differences and the similarities between each court. After observing both courts for about 5 or so hours, I really...
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...CRIME, PROCEDURE AND EVIDENCE IN A COMPARATIVE AND INTERNATIONAL CONTEXT This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor...
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...approximately $36 million. Assets from the sale of the companies recovered nearly $16 million, which was distributed to the fraud victims. Usually the fraud victims with the most pressing financial needs are paid first. ("United states v.," 2005) I would consider this to be a white collar crime because of the wide range of actions that were involved in this case. Case 413 F3d 727 United States V. L Young stated that, “Following their indictment on fraud charges, the appellants cooperated extensively with the government agencies that were investigating the fraud” (2005). In a written plea agreement that included waiving their sixth amendment rights and appeal waivers, both Young and McConnell pleaded guilty to mail fraud, wire fraud, making false statements and criminal forfeiture, relating to a scheme to defraud investors in their cattle business. Under a plea agreement, judges may use plea bargaining to reduce the level of penalty....
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...call employable. This is one of the original plans of our correctional facilities. Unlike today, it just seems that it was converted into a warehouse for bodies. Retribution, the inmate would have to pay for what they had done to someone. In this state of New Jersey there are certain crimes that according to the law that the criminal would have to pay back, they would have to pay restitution. Last but not least in sentencing is reformation which goes hand in hand with rehabilitation it was intended to make improvement with the person who has been incarcerated. The plan was to reorganize their lives and provide a way for an overhaul on their way to restoration. If someone a citizen or naturalized and they commits a crime against society they still have constitutional rights. They are under the protection of the fourth amendment is that there shall...
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