...Plea Bargaining Paper Mike Roberts CJS/251 03/14/16 University of Phoenix Plea Bargaining Paper Plea Bargaining Paper Plea bargaining utilized as a part of the criminal equity framework, yet at times applauded. A plea agreement is troublesome because they are not exactly a triumph for all included. Prosecutors are reluctant to offer conceded crooks lighter sentences than those approved by law. Summarily, most criminal litigants are not exactly energetic over the possibility of transparently acknowledging criminal conduct without the advantage of a trial. Regardless of the reservations of the gatherings, plea agreement resolves about the vast majority of criminal cases. The sheer numbers have brought on numerous lawful onlookers to scrutinize the legitimacy of wild plea bargaining. Define plea bargaining. Plea bargaining is an alteration of a criminal indictment used in the exchange for a guilty plea. Plea bargaining is an agreement made between a defendant and the prosecutor. This agreement can end a criminal case without going to trial. Relatively speaking, this agreement means a defendant agree with the charges and pleads guilty after a prosecutor decides to reject some charges or present a more idealistic prison sentencing. Distinguish between charge bargaining and sentence bargaining. Charge Bargaining is a well-known type of plea agreement; the respondent consents to accept a lesser allegation that gave more noteworthy charges will be released. A typical...
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...Plea Bargaining Melinda Romayor CJA/224 January 3, 2014 David Manweiler Plea Bargaining Plea bargaining is important in the criminal justice system. It is an essential tool that benefits not only the prosecutor but the defense attorney and the defendant. Plea bargaining allows attorneys to decide cases without needing the judge or a jury to decide the case. It can be beneficial to both the prosecutor and the defense attorney because the prosecutor will have a conviction and the defense attorney would have gained a lesser charge for his client. Throughout this paper I will lead you through the process of plea bargaining, the pros and cons, and how it reflects on crime control and the due process model. History of Plea Bargaining Plea bargaining can be dated back to the nineteenth century. One of the earliest cases reported Commonwealth v. Battis. In this case the defendant who was charged in a capital crime was given time to think about the guilty plea he had entered. The court was reluctant in accepting the plea and was satisfied only after insuring that there had been no tampering, promises, or any persuasions to the defendant. Following the Commonwealth v. Battis case there were other cases that began to be reported that had some level of plea bargaining. It seemed that plea bargaining became more common in the mid 1900’s. The reasoning behind it becoming more common was back in the early days of the English justice system, juries would hear up to 20 cases in a...
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...The Plea Response Essay American television has skewed the public’s view of how convictions have been obtained since the days of Perry Mason. In the legal television shows that cross the television screen every night conviction after conviction is obtained through a court battle. In actuality, “…ninety-seven percent of federal cases and ninety-four percent of state cases end in plea bargains…” (Goode, 2012, p.1). Plea-bargaining is very useful in lowering the number of trials by jury; but it can also be used to intimidate individuals into pleading guilty for a crime they did not commit. The criminal justice system has used plea-bargaining for a long time to ensure convictions without the costliness of a trial by jury. Ever since Gideon...
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...of out textbook are the funnel, wedding and net. (Meyer, Grant 2003) In this essay I will compare these three models of the criminal justice process and give my opinion on which model I think best describes the criminal justice system as it is today. I will also give you a rationale for the choice that I choose. The first model I will discuss is the funnel model. This model looks at how decisions are made at each level in the criminal justice process and sort out those people and cases that it feels should not go through the entire process from those whom it feels should. This process is used as a means of limiting the number cases to a small percentage of cases that have to be resolved by trial advocacy and incarceration. The process limits the amount of offenders in court and incarcerated at any given time. The benefit of this model is it prevents the criminal justice system from becoming backed up. The truth is the criminal Justice system is already backed up, and crimes are increasing on a daily basis. A common misconception of the funnel process is that it "lets criminals off,” however this is not true. Most cases are often dismissed or pleas are bargained due to lack of evidence. The truth is that there is not enough money, to prosecute every crime. It is up to the State (States attorney), or The Attorney general which crimes are worth prosecuting, and which one’s need to be thrown out, or plea bargained. The Next model that I will discuss is the wedding cake model; it...
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...1In Accordance with Andrew Sanders, Richard Young, and Mandy Burton “The great majority (over 90%) of defendants whose cases proceed to trail plead guilty and forego their right to an adversarial battle...The system operates as a conveyer belt, moving suspects through a series of routinised procedures which lead a vast majority of those cases that reach court to conviction”. The purpose of this essay is to evaluate the statement above , highlighting on key aspects like Adversarial Battle, Conveyer Belt , and Routinised Procedure in determining the accuracy of the proclamation made by the authors; as well as utilising personal experience from my court visits to reach a conclusion. While the statement above specified that 2“(Over 90%) of defendants whose cases proceed to trail plea guilty and forgo their right to an adversarial battle” , many would agree that this statement is true. For example, Andrew Ashworth claims that “3 even among either way...
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...Gabrielle DaSilva Craig Wiggin Criminal Justice 101 4/2/2016 Final Essay Dear Client, I am here to not only tell you about seeing legal counsel regarding the criminal process, but I am here to be you criminal defense attorney- informing you about our police investigation, arrest, prosecution, trial or plea bargain, sentencing, imprisonment, parole, and final discharge to be a part of society - claiming your life again. Police investigations not only take matters into their own hands, they need help and those who specialize in specific things in a crime such as, Federal Bureau of Investigation, Drug, Secret Service (SSI), and more. (Justicegov) All of these again have qualifications towards particular on-going situations...
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...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 Damaška’s contribution to comparative law and the challenges faced by comparative law in the twenty first century. Crime, Procedure and Evidence in a Comparative and International Context Essays in Honour of Professor Mirjan Damaška Edited by John Jackson, Máximo Langer and Peter Tillers Published in North America (US and Canada) by Hart Publishing c/o International Specialized...
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...Evaluation Model Essay Kevin Jackson CJA/385 April 06, 2016 Professor: Lois Fegan Evaluation Model Essay In this essay, I will select an evaluation model that I believe is most applicability and relevance to criminal justice policy today. I will also summarize the model that I have chosen and provided analysis and explanation for my choice. The two models of the criminal justice system are created by a professor named Herbert L. Packer in 1964 at Sanford University, and these two models are "Crime Control Model" and the "Due Process Model." To understand and comprehend what these two models processes are that Professor Parker created for the criminal justice system, we must first define their meaning. Crime Control Model- Refer to a theory of criminal justice which places emphasis on reducing the offense in society through increased police and prosecutorial powers (Us Legal 2016). Due Process Model- Is a type of justice system which based on the principle that a citizen has some absolute rights and cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards (Us Legal 2016). Summary The crime control model believes that to protect the rights of law-abiding citizens in society, the best course of action would be to expand both the police and prosecutors department in law enforcement. This model belief that stricter, harsher, punishment will ultimately reduce crime. Here...
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...Name: Tasnim Hossain Momia ID# 2762363 FINAL EXAM Essay answers: 1) Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party. While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms. The injured person may sue for an injunction to prevent the continuation of the tortious conduct or for monetary damages. Negligence is the most common tort. Unlike intentional torts in which the defendant possessed the intent or purpose to inflict the resultant injury, intent is not required for negligence. However like other torts, it involves the elements of duty, breach of duty, causation and injury. This case is under negligence. The general duty imposed by negligence law is the reasonable man standard, which means that we act with the care and good judgment of a reasonable person as not to cause injury to others. Children under the age of 7 are incapable of negligence but in this case the child was an eight year old so he did have a duty in negligence. A reasonable person would not litter food on the floor. Thus the child clearly breached the reasonable man standard and a violation of his duty occurred. Susie slipping and falling was caused by the obnoxious child dumping the mess of pasta on the floor intentionally, which he always kept doing. It is reasonably...
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...Contents Introduction 4 Company’s profile 5 MISSION 5 VISION 5 VALUES 5 SWOT ANALYSIS FOR SONY CORPORATION 6 INTERNAL FACTORS 6 Strength 6 WEAKNESS 7 EXTERNAL FACTORS 8 Opportunities 8 THREATS 9 PEST ANALYSIS FOR SONY CORPORATION 9 Political Factors 9 ECONOMICAL FACTORS 10 SOCIAL FACTORS 10 TECHNOLOGICAL FACTORS 11 GAP ANALYSIS 11 Porter’s five forces model of competition analysis 12 Threat of New Entrants (low) 12 Bargaining power of suppliers (low) 12 Bargaining power of Buyers –High 13 Threat of substitutes –High 13 Threat of competitors –High 13 Conclusion and recommendation 14 References 15 Introduction Sony is a global manufacturer of audio, video, communications and information technology’s consumer and professional markets. According with Rebort S.Kaplan and David P.Norton (2007), to measure strategic readiness, identify the intangible assets you needs to perform the internal process most critical to your strategy. Then assess your current capabilities in all these areas, identifying changes needed to improve alignment. Thus, applying the above mentioned approach the Sony Company is uniquely positioned to be one of the leading digital entertainment brands, offering an outstanding portfolio of existing multimedia contents. This approach is known Balanced Score card. Balanced Scored Card doesn’t treat strategy from only a financial perspective; it augments financial measures with objectives and metrics in three additional ’’perspectives’’-Customer relationship...
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...PRINCIPLES OF SENTENCING: TOWARDS A EUROPEAN CONVERSATION Paper delivered at Conference on “The Limits of the Criminal Law” at Leiden University, January 23, 2008 and subsequently published in Cupido (ed), Limits of Criminal Law (Nijmegen, 2008).[1] Tom O’Malley Senior Lecturer in Law National University of Ireland Galway First, I would like to extend my warmest congratulations to the students of Leiden Law School for having organised this conference. Thanks to their vision and energy, representatives from several European countries have gathered in this historic venue to discuss some key aspects of criminal law and criminal procedure. More often than not, we think of European law solely in terms of European Union law, the jurisprudence of the European Court of Human Rights or both. Needless to say, the study of European law even in this limited sense is of the highest importance given its impact on our national legal systems and our daily lives. However, growing levels of legal and political integration now demand that we broaden our vision of European law to encompass the domestic legal systems of individual European states. Some work has already begun in this regard,[2] but it is only on rare occasions such as this that we can engage in a meaningful exchange of ideas and information on areas of common concern. Criminal justice is a most appropriate and worthy topic with which to begin. In times past, sentencing would not have featured very prominently...
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...David Tillman Professor Kathrine LaPrad Critical Thinking ID 301 28 October 2011 Reevaluating the Judicial System: Does Race Determine the Severity of Your Sentence? If a white and black man both commit robbery under similar circumstances who will receive a more severe sentence? In this essay we will review instances that will help to determine if the judicial system needs to be reevaluated due to racially unfair sentences. The judicial system was created to interpret laws instituted by the state or federal government. It was also brought about to serve as a setting where individuals can have their disputes resolved (www.answerbag.com). Many issues over the years have come up where race has played a major issue on what kind of sentence is handed down to the accused and continues to go on to this day. Any system can only be as good as its contributing parts. The criminal justice system constituent parts are imperfect human beings. Through multiple research that had been deemed sufficient; a decision of whether the racial bias that is within the system is the fault of the system or the people who create the system had yet to be determined. There is no doubt that there is a need to eliminate racial bias within the criminal system because it does exist. The question that keeps coming up is whether the changes need to be made within the system or within the society that it is a part of. Does Race Decide Your Sentence Severity? In every state statistics show that the prison...
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...UNIVERSITY OF PETROLEUM & ENERGY STUDIES College of legal studies Project :- right to form association & reasonable Restriction on it submitted to :- Mr. Aravindan Anandan submitted by :- Ebad khan R450213041 Sec a Acknowledgement The success and final outcome of this project required a lot of guidance and assistance from many people and I am extremely fortunate to have got this all along the completion of my project work. I respect and thank Mr. Aravindan Anandan , for giving me an opportunity to do the project work on “RIGHT TO FORM ASSOCIATION & REASONABLE RESTRICTION ON IT” and providing support and guidance which made me complete the project on time. I am extremely grateful to him for providing such a nice support and guidance though he is having a busy schedule in managing the college affairs. I would not forget to remember Mr. ANURAG PANDEY , my senior who gave constructive ideas for the project and helped me with the presentation part of the project. I am thankful to and fortunate enough to get constant encouragement, support and guidance from my parents who helped me in successfully completing our project work. Also, I would like to extend our sincere regards to the staff of department of library for their timely support. TABLE OF CONTENTS :CHAPTER – 1 : INTRDUCTION RIGHT TO FORM ASSOCIATION RIGHT OF ASSOCIATION AND GOVERNMENT EMPLOYEES RIGHT TO FORM ASSOCIATION AND ARMED FORCES REASONABLE RESTRICTION CHAPTER – 2 : GROUNDS ON WHICH RESTRICTION IS...
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...Capital Punishment: A Historic Review Since the dawn of man, punishment has been an active part of society’s cultural structure designed to teach society members about morally acceptable behavior and attempts to promote progress and harmony among its citizens. Punishment can be categorized into four forms: retribution, deterrence, incapacitation and rehabilitation. Retribution argues that perpetrators of crimes should be punished by imposing a level of pain or punishment equal to or greater than the pain suffered by the victim. Deterrence can be further classified into two forms: general and specific. General deterrence seeks to influence individuals prior to the commission of a crime through fear of the known penalty. Specific deterrence focuses on seeking to impose punishment on the individual for lesser crimes in attempts to deter repeating or escalating criminal behavior. Incapacitation serves to remove individuals from society to ensure the safety of its members [3]. Capital punishment, commonly referred to as the death penalty, is the most extreme form of punishment imposed on an individual. It is currently defined as “the execution of a convicted criminal as punishment for the most serious of crimes [2]. Despite its current definition, its use throughout history has not always been so clearly defined and limiting. This paper will serve to discuss capital punishment and its application across time and the world. Application and Evolution Even before recorded history...
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...2:“The courts should draw the limits to discretionary power in a way which strikes the most suitable balance between executive efficiency and legal protection of the citizen” Discuss above statement With the exponential expansion of powers of the executive arm of government and equally massive interests in civil liberties, it is therefore inevitable that we re-examine the relationship between these discretionary powers and what is essentially the rule of law. This essay seeks to analyse the role played by the courts in the limitation of this powers while ensuring that the Executive runs efficiently while ensuring that that the rights of civilians are protected. Discretionary power is the individual judgement; the power of free decision making, a public official’s power to act in a certain circumstances according to the personal judgement and conscience, often in official or representative capacity. Discretion can also be defined as powers granted to an administrator to make a decision with the highest...
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