...“Plea Bargaining Paper” Presented to Ms. Samyra Hicks In partial fulfillment of CJS/251 Introduction to Criminal Court Systems Doniesha Robinson November 10, 2015 In this paper, I will attempt to define and discuss plea bargaining, distinguish between charge bargaining and sentence bargaining, compare and contrast the advantages and disadvantages of plea bargaining, and last but not least describe how plea bargaining reflects or thwarts the crime control and due process models of criminal justice. Define plea bargaining A plea bargain is defined as any form of agreement in a criminal case that is between the prosecutor and defendant and the defendant agrees to plead guilty to a certain charge in return for some reduction from the prosecutor. This can generally mean that the defendant will plead guilty to a charge that is not as serious of what they’re being charged with, or to one of many charges in order to have other charges dismissed from their case; or it could also mean that the defendant will plead guilty to the original criminal offense in return for a lighter sentence. Plea bargains allows both parties to avoid a lengthy criminal trial and may allow criminal defendants to avoid the risk of conviction at trial on a more serious charge. For example, in the legal system in the United States, a criminal suspect charged with a felony theft charge, the conviction of which would require incarceration in a state facility may be offered the chance to plead guilty...
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...I believe plea bargaining does serve its purpose in the criminal justice system. Approximately ninety-five percent of all criminal cases are disposed of through plea bargaining (Bohm & Haley, 2011). I have been a police officer for approximately five years and I’ve arrested over five hundred people. During my time as a police officer, I have only had one jury trial. Based on my experiences, most people that I have arrested, realize that they have made a mistake and they want to get it over with as soon as possible. “Plea bargaining frees up resources that can be used to prosecute a greater number of offenders” (Turner, 2017, p. 240). When someone is unable to make bond, they stay incarcerated until their case is disposed of. Sometimes it...
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...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 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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...Plea bargains are extraordinarily common in the American legal system, accounting for roughly 90% of all criminal cases. Many countries, however, do not allow plea bargains, considering them unethical and immoral. Below is a discussion about what plea bargains are, why we use them, and different types of plea bargains as well as what happens if both parties don't [Contractions are inappropriate in academic writing--write it out.] live up to the terms of a plea bargain (http://criminal.findlaw.com/criminal-procedure/plea-bargains-in-depth.html). [If this URL is in a citation, it should not appear here but rather on the references page.] Plea bargains are an agreement in a criminal case between the prosecutor and the defendant that usually involves the defendant pleading guilty in order to receive a lesser offense or sentence. Plea bargains are often referred to as really just establishing a "mutual acknowledgment" of the case's strengths and weaknesses, and don't [Write out contractions.] necessarily reflect a traditional sense of "justice". In theory, courts are happy to have the respective parties work out a solution by themselves, but it begs the question of who is best served by allowing plea bargains. A plea bargain is a contract between the defendant and the prosecutor. If either side fails to live up to its end of the agreement, the most likely remedy is to go to court to enforce the agreement. In particular, many plea bargains ask a defendant...
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...Plea Bargaining Paper The criminal justice system seeks to protect the public and uphold laws, part of this process includes plea bargaining, plea bargaining is a process in which the defendant agrees to plead guilty in most cases in order to obtain a lesser charge to the crime as well as some leniency from the prosecutor(Schmalleger, Siegel, & Worrall, 2011). There are two types of plea bargains, they are called sentence bargaining and charge bargaining ("Nolo Law For All", 2014). Sentence bargaining is another process in which the courts practice, the major differences between sentence bargaining and charge bargaining are, sentence bargaining is when the defendant agrees to plead guilty to a lesser sentence, in charge bargaining the prosecutor negotiates with the defendant to determine which charges are being filed against the defendant or the defendant pleads guilty to a less serious crime than the original charge(Schmalleger, Siegel, & Worrall, 2011). There are some advantages and disadvantages of plea bargaining, such as lesser charges, but in some cases the plea bargain gives the rights up of the defendant to make the prosecution prove charges against the defendant ("Nolo Law For All", 2014). Plea bargaining has a long history behind it, it has its problems and shortcomings, however it is still a highly recognized process in the courts today. Plea bargain is defined as a mutual understanding between the prosecutor and the defendant, this usually places the defendant...
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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 INS AND OUTS OF THE PLEA BARGAIN PROCESS Carla Smith April 15, 2013 The reason that the crime control model oppose the plea bargaining is that the criminal avoids the true sentence and receives a lighter sentence when they take the plea bargain. The reasons that the due process model oppose the plea bargaining is that the plea bargaining undercuts the rights of people and could cause innocent people to go to prison. Some people plead guilty to the crime just to avoid the death sentence at trial, take the Alford v. North Carolina 1971. He plead guilty for that reason. The caseload hypothesis is when the lawyer’s caseloads are so heavy they start giving plea bargains. If there were more of everyone and everything, we could prosecute more people. Another reason for plea bargaining is to make sure these criminal do some kind of time and get them off the streets and if there is not enough evidence to get a for sure guilty at trial. I believe that that the second explanation is the best and most accurate. This seems to be the most popular reason. The significance of Boykin v. Alabama is that the Supreme Court stated that it was the judge’s fault for accepting a plea bargain from a defendant without showing that is was voluntary and intelligent. The ‘jury trial penalty’ is when the defendant is not offered a plea bargain or does not take the plea bargain and decides to go to trial. Alford plea is when a person pleads guilty and accepts the plea bargain but is still claiming...
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...has been reached” (Robinson, 2009). Though they perform many functions for the criminal justice system, there are many issues still facing the courts today. In this paper I will be identifying the current and future issues facing courts and court administrators today. I will also be discussing future management issues and trends regarding language interpretations services, as well as assessing the past, present, and future impact the victims’ rights laws have on court proceedings. There are many current and future issues facing courts and court administrators today. One problem that some may beg to differ would be the use of plea bargaining in our court system. “Shockingly, more than 90% of felony cases in the United States in any given year are disposed of via plea bargaining” (Robinson, 2009). Criminal trials are a way of determining the innocence or guilt of those in question, whereas plea bargaining is where the accused plead guilty to lesser charges thus resulting in lesser charges. Though plea bargaining has a positive side like saving time and money, at the same time it is unfair to the citizens who choose not to commit crimes in the first place. People who commit crimes know what they are doing at the time, therefore should pay the ultimate price to deter them from doing it again. Plea bargaining is just...
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...Court Issues Analysis Annali Zieroth CJA/394 October 29, 2012 Troy Hokanson In the following paper there will be an analysis that identifies the current issues facing courts and the court administrators today such as the delays, congestion, and backlog and how these issues can affect the court system. This paper will include a discussion on the future management issues and trends regarding language interpretation services that can impact the court system as well as the court system process. There will be discussion on the past, present, and future impact that the victim rights laws have on court proceedings. Current Issues Facing Courts Today The current issues facing courts and court administrators today is the serious problem of backlog, delay, and congestion. This causes more problems in the court system because it seriously threatens the quality and dignity of justice due to the courts falling behind in their work and then them trying to speed up and process as many cases as possible. The court systems are not designed to do quality work while under stress, nor are they designed to work quickly through their cases. When the courts attempt to do their work quickly, mistakes of all sorts can occur in what is called the assembly-line justice. To begin with, prosecutors will start dropping cases for no apparent reason this is called nolle prosqui in addition to cases where the prosecutors may think the police have not obtained enough evidence to make a case (Court Issues...
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...Reality: The Miranda Warnings have to be Read Immediately Upon Arrest • Chapter 8: The Courts: History, Structure, and Key Players > Learning Modules > Types of Witnesses • Chapter 9: Pre-Trial Activities and the Criminal Trial > Learning Modules > Post-Arrest Activities • Chapter 9: Pre-Trial Activities and the Criminal Trial > Learning Modules > The Bail System • Chapter 9: Pre-Trial Activities and the Criminal Trial > Learning Modules > The Pros and Cons of Plea Bargaining • Chapter 9: Pre-Trial Activities and the Criminal Trial > Learning Modules > Steps in the Trial Process • Chapter 9: Pre-Trial Activities and the Criminal Trial > Learning Modules > Rights at Trial • Chapter 9: Pre-Trial Activities and the Criminal Trial > Learning Modules > Jury Deliberation • Chapter 9: Pre-Trial Activities and the Criminal Trial > Myths & Issues Videos > Myth vs. Reality: Most Cases go to Trial • Chapter 9: Pre-Trial Activities and the Criminal Trial > Myths & Issues Videos > Issue 1: Plea Bargaining: The Pros and Cons Submit your score and performance on the following CJi Interactive simulations by sending the results to your instructor: • Chapter 4: Criminal Law > Simulation > Recognizing Crime Elements • Chapter 9: Pre-Trial Activities and the Criminal Trial > Simulation > Steps in the Trial Process • Write a 100- to 350-word reflection about...
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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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...votes on bills, the Executive branch that initiates and administers the law, and the Judiciary branch, that we will be discussing in this paper. The Judiciary branch applies the law, as is seen in courtrooms across America and in homes on televisions. Television shows are popular for their dramatics, which increase their ratings. The more dramatic and action packed a show is, the more people tune in to watch it, therefore making it a successful show or series. In the world today popular crime shows such as Law & Order, CSI, Raising the Bar, and Peoples Court, show the dramatics of a case. Of these 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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...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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