...Plea Bargaining Chris Stokes University of Phoenix Introduciton to Criminal Court Systems CJA/224 Janet Williams November 14, 2013 Plea Bargaining A Plea bargain is an agreement between the prosecutor and the defendant in a criminal case where the defendant pleads guilty to a certain charge in exchange for a lesser penalty from the prosecutor. Plea bargaining brings many benefits to the prosecutor and the court system but also comes with much criticism. Normally the judge will offer a plea bargain when the defendant knowingly waives his/her rights and admits that their guilty. The role of the plea bargain in the criminal justice system is often misunderstood and frequently critiqued. A plea bargain helps to avoid lengthy trials and arguably helps to manage the caseload that passes through every court but they are used at the cost of giving potential offenders more lenient sentencing and in some cases, risking the conviction of innocent defendants. Despite holding a rather unfavorable view in the eyes of the public, plea bargains are used in approximately 90% of cases involving conviction (Meyer and Grant, 2003). There are two types of plea bargains, the “charge bargain” and the “sentence bargain”. A charge bargain allows a defendant to plead guilty to a lesser charge or only a few of the charges brought against them. A sentence bargain is when the defendant knows ahead of time what the sentence will be if they plead guilty. (Larson, 2000, p. 1) 90 percent of criminal...
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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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...stress, than going for plea bargain. o Having Lesser or Fewer Serious Charges on One’s Record- Resorting to plea bargain for...
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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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...priority in the functioning of the criminal justice process (Neubauer, 2001, p. 12). “The Due Process Model” proceeds from the premise that protecting the rights of the individual is most important, whereas in the Crime Control Model” holds that reducing crime is the key value” (Neubauer, 2001, 12). When comparing the two control models their opinions differ completely in reference to the causes of crime. Additionally when comparing crime control and due process models one needs to remember, “Proponents of both models embrace constitutional values which are necessary to the kind of society in which American wish to live” (Zalman, 2008, p. 4). In addition answers will be given to questions about the effects on law enforcement, courts, and differences between federal, and state polices, and distinguishes these values. To utilize plea bargaining is controversial because of the fear that innocent defendants would take a plea and the judge would impose unduly sentences (Neubauer, 2008, p. 20). Also the criticism focuses on the deterrent effect of the punishment itself. The crime control model, court hearings have eroded the deterrent effect of punishment (Neubauer, 2009, p. 20). “Not only is the problem serious, but there is evidence that it is getting worse, suggesting that, whatever deterrent effect the criminal justice system does have, its effectiveness in deterring crime may be decreasing over time” (Barnett-Hagel, 1977). Some believe plea bargains allow the guilty to escape a...
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...Plea Bargaining Christopher Tucker CJS/251 May 12, 2016 Jason Stone Plea Bargaining When first forging America the concept of trial by jury was accepted as indication of new liberties. In the 19th century although people favored the trial by jury system they was found that this process was losing ground fast. In the early century it was perceived that, the guilty plea was substituting trial by jury more often although guilty plea was being made known it was found that more than three times as many criminal convictions had resulted from guilty pleas. Courts have used plea bargains in order to help keep the congested judicial system working as smoothly as possible. Plea bargains are known to assist the court, they also oppose our rights by violating a state statue. A plea bargain is an agreement to plead guilty to a lesser charge with less-stringent sentences. Types of Plea Bargaining The courts of justice use plea bargaining as a vital part of the court process. .According to Siegel, Schmalleger, and Worrall (2011), change bargaining is when the defendant and the prosecuting attorney negotiates the charges that would be filed (p. 318). This would include the defendant pleading guilty on multi-count charges that are considered lesser charge in return for a lighter sentence. Count bargaining is considered by many to fall under charge bargaining. The defendant claims responsibility to only one or more of the initial charges, and the prosecutor makes other charges disappear...
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...Plea bargains play a major role in the criminal justice system. The use of plea bargains has become quite controversial with valid points argued by those who support and those who oppose their use. Before making a decision to agree or disagree, one must compare the arguments regarding the use of plea bargains as well as understand the purpose of the plea bargain, types of plea bargains, and the positive and negative aspects of each type of plea bargain. Purpose of Plea Bargains A plea bargain is an arrangement made for a criminal case in which the prosecution proposes a deal to the defendant in exchange for a guilty plea. A plea bargain allows individuals who have been accused of criminal activity the ability to dodge a possible conviction during a trial for a more serious charge. The prosecution will typically offer the defendant a sentence for a lesser charge, or the original charge will remain with an additional recommendation for a lighter sentence (Meyer & Grant, 2003). These types of incentives allow the courts to save time and money by settling cases quickly and effectively. Plea bargains are initiated by either the defense or prosecuting attorney. Both parties are involved throughout the process of negotiations. This process can either be speedy or consist of several lengthy meetings that involve changing the conditions of the plea agreement until an agreement is reached. The prosecution and defense must be in complete agreement regarding the conditions...
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...Plea Bargaining Paper Barry Jones CJA/224 May 21, 2014 John Chancler Plea Bargaining Paper Plea bargaining is essential in our courts for the simple reason that it allows for fewer cases going to trial. Approximately 90-95 of all cases are plea bargained. If not for plea bargaining our courts would always be tied up and the time a case could go to trial would take a very long time. Plea bargaining is just one part of our lengthy legal process, but it helps our courts out. Plea Bargaining A plea bargain is a negotiated agreement between a criminal defendant and a prosecutor in which the defendant agrees “guilty” or “no contest” to some crimes, along with possible conditions, such as attending Alcohol Anomalous classes in return for a reduction in the severity of the chargers, dismissal of some of the chargers, or some other type of benefit to the defendant (“Plea Bargaining Law and Legal Definitions”, 2015). The defendant must hold their end of the deal that was agreed upon such as pleading guilty on a specific date, and cooperating in the investigation of another offence or testifying against a co-defendant or the plea bargain may be revoked. Charge Bargaining and Sentence Bargaining Charge bargaining is when the prosecutor negotiates with the defendant in the terms of the chargers that could be filed against the defendant. Both parties must agree to the terms of the Bargaining and the...
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...Plea Bargaining Paper Daniel Herrera CJA/224 Introduction to Criminal Courts Dr. Beverly Spencer 9/1/2014 Plea Bargaining Paper Plea bargaining is one of the most important pieces of criminal court proceedings that can occur. Plea bargaining is that chance in which a defendant can choose to not be punished or charged as harshly as they should be. Plea bargaining is a very common thing used within the courthouse and even though it can be good for an individual it can also be bad if not completely understood. The thing with a plea bargain is that at any time a judge can overthrow a bargain and still send the case through strenuous court hours. Plea bargaining is however very important because over ninety percent of all criminal cases are built and completed due to plea bargaining. Plea bargaining can be defined as an agreement between a prosecutor and a defendant whereby the defendant is allowed to plead guilty to a lesser charge rather than risk conviction for a graver crime in order to avoid a protracted trial or to win the defendant’s cooperation as a witness (“Plea Bargaining”, 2014). Now a plea bargain can mean everything to nothing towards a case. The prosecution would use these types of bargains for leverage against the defendant. What is meant by this is that the defendant can be offered to give a testimony of the events which can eventually lead into a charge and conviction into a higher profiled case. This is the case most of the time; usually the prosecution...
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...The criminal justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts. Those accused of crime have protections against abuse of investigatory and prosecution powers. (Legal definition, Jan. 2013) retrieved from http://en.wikipedia.org/wiki/criminal_justice_system. The process of criminal justice is initial contact when a police officer observes a criminal act by patrolling the streets or citizens notifying even a victim of investigation, arrest, custody, indictments, complaints, charging bail or detention, plea bargaining, adjudication deposition and post conviction remedies. Investigation is getting accurate and relevant facts or evidence to identify the offender/suspect. Investigation is when a crime is made and “evidence is gathered to follow up on an investigation” (Forensic Enterprise 2009, retrieved from http://www.feinc.net/sci-deschtm. it takes approx 2 to 3 hours a day to gather information for about 4 days. Investigation is part of the process so police can find the criminal. An arrest warrant is made when there are criminals at the scene of the crime. A police officer makes the arrest and reads the criminal their rights and they are incarcerated. When the criminal is incarcerated there is no freedom and the criminal is unable to perform normal activities. “confinement” (Legal explanation...
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...Phylanice Nashe Introduction to Criminal Justice February 18, 2014 TRIALS AND VERDICTS PAGE 1 Our criminal justice system is an intricate one. When crime is committed, law enforcement detains the offender and in most cases holds them until they are seen by a judge. The period between arrest and arraignment is also known as the pretrial procedures; this is a very important aspect of the justice process. At this time, the biggest majority of cases are either resolved and never make it to court. However, some crimes are so serious that they must go the next steps and this could be plea bargaining or trial by jury, both resulting in a sentence ordered by the judge. Here we will take a look at a particular case involving five men who viciously beat another man resulting in his death. What started as a barroom brawl, ended outside of the victim's mother's home in La Jolla, California May of 2007 [L.A. Times 2008]. Emery Kauanui was a 24 year old professional surfer that tragically lost his life three days after being treated for bleeding of the brain, facial fractures, and multiple contusions caused by five individuals. Eric House, 21; Orlando Osuna, 23; Matthew Yanke, 21; Henri Hendricks, 22; and Seth Cravens, 22 who dealt the fatal blow; these are the offenders that each in turn punched and kicked Kauanui until the last punch knocked him to the pavement where he hit his head knocking him out. This case went to the California Superior Court because of the nature of the...
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...Our criminal justice system is one of the most unique systems in the world. Everyone who goes through our system is entitled to a fair and just trial. The length of the trial can take many months, or even takes only weeks, but in some instances the trial can end even before it even starts. Some can argue that the plea bargain is an “easy way out”, but at the end of it all, it was done for a significant reason. Many can benefit from the plea bargain, and it can be a sacrifice to the defendants rights, or either benefit the guilty. It all depends on how you look at it and what the circumstances are. The plea bargain is described as the process whereby a criminal defendant and prosecutor reach a mutually satisfactory disposition of a criminal case, subject to court approval. This means that a plea bargain can put an end to a criminal case without even going to a trial. Now when the plea bargain is successful, it plainly means that the defense and the prosecution have successfully reached an agreement. Within this agreement between the two parties, the prosecution agrees to dismiss certain charges, and make the sentence “less-harsh” for the defendant. The defendant just has to agree to plead guilty without a trial. Plea bargaining can be profitable for both sides depending on the circumstance. At times, the prosecution can request for a plea bargain, which in turn would save the court some much needed valuable time. Now most of the time the prosecution is open with...
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...Criminal Justice Process 1 Criminal Justice Process Amber Parker Saint Leo University Criminal Justice Process 2 There are 16 processes in the Criminal Justices system. They are Intake ,First Appearance, Bail, Right To Counsel, Substance Abuse Evaluations, Pre-Indictment Events , Plea Bargains, Pretrial Intervention Program (P.T.I.), The Grand Jury, The Indictment Process, The Pre-Arraignment Conference and Arraignment, The Status and Pretrial Conferences, Trials, Presentence Investigations, Reports and Sentencing, Post-Conviction Motions, and the "TEAM" concept in Criminal Case Processing I will address a few of those process and how they work. The first process is the reporting of a crime and the arrest. The second process is Intake the Criminal Division of Superior Court manages criminal complaints from the time they are lodged to their resolution or "disposition". The accused, or "defendant" is charged with an offense as a result of a formal complaint issued by a law enforcement agent or a citizen who believes an offense has been committed against their person or property. It can also result from an "indictment" by a panel of citizens gathered to consider evidence, called a "grand jury". Arrests can occur at the scene of a crime or based on warrants or sworn statements ordering a court appearance. All arrests must be based on "probable cause", or reasonable grounds...
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...Today I will interview a judge on his role in major criminal cases from his role beginning with first contact dealing with a plea bargain. The reason I choose to focus on that of plea bargains is because based on the videos I viewed this is the first initial contact the defendant has with the judge and most of the most memorable parts of many criminal court cases. Q: Good afternoon, one thing that stands out to me is why do we have so many plea bargains with in this country? A: Good question, for one our constitution states that everyone should offered that of a speedy trial. With that plea bargains can be looked at as such. Also if we were to send every case in front of jury many cases would never be heard and or pushed so far back that defendants will not receive the proper attention and or defense based on that fact if they had a public defender or private attorney. Q: when it comes to a plea bargain what is role? A: As a judge we oversee and supervise to make sure boundaries are set and it falls it the expectations of the community we are servicing. Also with this with have the right to accept or deny any plea bargain that is brought to us. But once a plea is made either guilty or no contest, it is our responsibility to make sure that the defendant is this decision on his own free will and in sole right mind. Once approved it will no longer go to trial. Q: When entering a plea hearing how much do you really know about case before it is presented to you and knowing...
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...Use of Plea Bargains John Miranda March 2, 2015 CJA/224 Dr. Linda Robinson There are very many different tools in which a prosecutor has on their belts. One of the most commonly used is called a plea bargain. It is a very useful tool yet it is sometimes scrutinized by its use. This is typically due to the fact that it usually involves the defendant getting a lesser punishment. So the question always arises if it is just for individuals who have committed a crime to receive this type of leniency. A plea bargain refers to an arrangement that is made between the prosecution and the defense to plead guilty to a lesser crime which would result in a lesser punishment. This would result in the defendant not having to deal with the costly expenses it would take to go to trial against the state, or federal government, depending on the type of crime committed. It also alleviates case workload, and saves time from the judicial system from having to take to trial every single case that is filed. Plea bargains are typically a private matter in which only the prosecution and defendant have discussions about the matter but recently due to public demand the victims have begun to have an input on the plea bargaining procedure which is typically only made public when it is announced in court. However, a judge does not have to accept any terms in which might have been agreed upon by both parties and may have all charges go to trial. There are generally only three types of plea bargains...
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