...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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...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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...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 stress...
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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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...The “Insanity” Plea The “Insanity” Plea A criminal defendant who is found to have been legally insane in the course of committing a crime is relieved the criminal responsibility by the virtue of suffering from a mental disease (Findlaw, 2015). In some cases, the accused may be sentenced to a less severe sentence or punishment after being found on the wrong side of the law because of the mental impairment. Many nations allow the insanity defense in their legal systems. However, the accused must prove to the court that they were not on their senses or acted upon uncontrolled impulse or some variety of these factors when doing the wrongful doings. The general sense of insanity plea is to provide the alleged perpetrator of the criminal offense a fair trial. The society is even in agreement with this principle in extreme cases. Nonetheless, the major challenge falls on where to draw the line. That is, the circumstances where one can be considered insane and instances when he or she is not. It is worth noting that, no matter how appealing the crime itself is, it doesn’t demonstrate the level of insanity. Today, the legal systems use way too much of the insanity defenses. While there are many questionable defense tactics, insanity plea targets to protect the rights of the accused and further the course of justice. This paper discusses the insanity plea as used in the legal systems in the present times. What is the main purpose of insanity plea? How did it find...
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...Introduction to Criminal Justice 100-105 Case Study Research Paper DRUG DISTRIBUTION March 09 2014 Introduction In today’s world many people are convicted for lots of different crimes and face the consequences for those crimes. For example, Unless a longer term of imprisonment or death is the prescribed penalty and notwithstanding any provision that establishes a shorter term of imprisonment, a person who has been convicted of committing or attempting or conspiring to commit any violent or aggravated felony and who has previously been convicted on separate occasions of two or more violent or aggravated felonies not committed on the same occasion shall be sentenced to imprisonment for life and is not eligible for suspension of sentence, probation, pardon or release on any basis except that the person may be eligible for commutation after the person has served at least thirty-five years. Also a person convicted of a first or second offense for the personal possession or use of a controlled substance must be placed on probation unless the person is also convicted of a violent offense. Incarceration may not be imposed as an initial condition of probation for a first offense. If a person convicted of a first offense is found to be in violation of probation or an act in violation of an order of the court related to drug treatment, the person may be incarcerated upon reinstatement of probation. Participation in an appropriate...
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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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...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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...This paper will focus on the evolution of the juvenile justice system. More specifically, how the system changed, structurally and procedurally. The paper will cover if these changes resulted in a better more efficient juvenile justice system. These changes will be explained by showing how they did or didn’t help the juvenile justice system. The last thing being discussed is whether or not the juvenile justice system still acts in the best interest of the juvenile. The paper will also discuss how the system is or isn’t acting in the best interest of the juveniles. To be able to talk about the evolution of the juvenile justice system, one must start at the beginning. The first juvenile court was created in 1899, in Cook County, Illinois (Bates...
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...and Herb, to name a few. Marijuana is used by many, to include teens and adolescence, and many debates have ensued as to legalities and dangers of use, however marijuana continues to be the most liked, and drug of choice by many. Marijuana is used by smoking it like a cigarette in a joint, pipe, bong or blunt. Recently, marijuana has become legal in many states, for the purposes of treatment of many medical disorders and diseases, which has resulted in legislation to legalize it, making it available to patients with medical conditions, for use by a prescription. Legalization of marijuana would reduce incarceration rates of drug related offenses based on the information provided by the statistical data represented throughout this research paper. Information on marijuana related offenses indicate that there are many marijuana related offenses that are prosecuted which lands offenders in prison for what could seemingly be a less offensive drug. Marijuana users amongst alcohol abusers are much less prone to violence or crime. As...
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...Instructor: Bob Cromwell, MS BBA C: (740)258-0800 Office hours by appointment only. email: rcromwel@cotc.edu Required Materials: Textbook(s): Frank Schmalleger. (2014) Criminal justice: a brief introduction (10th edition). NJ: Pearson Education. ISBN: 978-0-13-300979-8 Packets: Not required Supplies: Any materials students may need to record information in face to face classroom setting AND access to internet for research projects. Additional Materials: None. Closed Reserve: None. ITS Resources: http://www.cotc.edu/faculty-and-staff/it-support/Pages/index.aspx Student Services: http://www.cotc.edu/student-life/Pages/default.aspx Library: http://www.cotc.edu/libraries/Pages/default.aspx College-Wide Policies: 1. Assessment -- As part of COTC’s campus-wide assessment initiatives (quality assurance program), samples of student performance such as test results, projects, papers, etc. may be used. The data gathered will not identify individual students and are not related to the student’s grade for the course, but will be used to improve student learning at COTC. 2. Disability -- Any student who has need for accommodations due to a disability must first register with the Office for Disability Services (ODS). Please call ODS at 740-366-9441 to discuss your needs and the procedures for getting accommodations. Students then must notify the instructor...
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...Criminal Justice Trends evaluation Marion Wade CJA/394 Criminal Justice Trends evaluation It is important for us to understand past, current, and future trends throughout the criminal justice system. Trends allow us to identify areas that need to be addressed so we may be equipped to handle them better. Society depends of the criminal justice system in many ways to offer them a sense of justice, safety, and peace of mind. Within this paper I will discuss past, current, and future trends and how it affects and changes our criminal justice system. I will also address recent and future trends and contemporary issues that affect the criminal justice system, as well as the values of the criminal justice system in a changing society. Past Trends Even though to most it may not seem like it, the criminal justice system has come a long way in its dealings with the public. In the past the criminal justice system was viewed as a faceless machine that acted independently of the areas it charged to look after. It seemed that it was better to stay detached from the public in order to remain biased in their judgment and to keep their professional appearance. By studying past trends we not only were able to see trends in criminal behavior as well as having the ability to try and create possible projections on why it could lead but, we were also able to view the interaction between the criminal justice system and those it served. Both the criminal justice system and the general public...
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...during the 1960’s in a bid to end racism. For years these men under the African- American Civil Rights movement advocated for equality for all leading to the ‘end’ of racist perceptions. Today, the belief that their efforts halted racism stands to be questioned, on further examination of this subject it is eminent that racism is still existent in the twenty- first century. Racism has simply found ways of adapting to our daily activities thus dodging the common eye. To achieve this, racism has gradually encroached into fields such as education where coloured students experience disproportionality in disciplinary measures and in the criminal justice system where African Americans are inevitably the victims of the criminal justice system. This paper thus seeks to succinctly discuss the...
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...-Corrections is a booming business prisons + crime = profitable industry we have an Increasing number of people under correctional supervision 6 million people under the correctional system by the end of the century - Tough on Crime Political Stance popular public policy 20 million victimizations in 2009 repeat violent felons off of the streets treat minors as adults create mandatory sentencing laws reduce time-off-for-good-behavior - Shift in Public Opinion 4.3 million violent crimes 33 million personal theft crimes - 7.2 million 3% (1 in 33) of adults in the U.S. are under some sort of correctional supervision -Probation (community sentence) and parole are NOT the same thing -1.3% average annual increase from 2000 to 2009 But declined 1.3% in 2010 to 2009 “has the correctional population supervision increased or decreased from 2000 to 2009?” Answer: INCREASED - the majority of people in the corrections system are on PROBATION - Percentage breakdowns for types of offences: 9% Public Disorder (35% federal) DUI, indecent exposure, drunken disorderly, prostitution, etc. 18% Drug Offence (51% federal) 19% Property Offense (less than 10% federal) 53% Violent Offenses (less than 10% federal) - Regions highest to lowest South West Midwest Fed? North East - Top 5 States Federal Texas California Florida New York Notes From Ch. 1 in Textbook- - Penology the study of the use of punishment for criminal acts - Penitentiary typically used...
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...employing the U.S. workers will not solve the high unemployment problem the country is facing. In this global marketplace, the United States will not only need to make improvement in the economy to create jobs that are robust and sustainable, but will also need to build a workforce that is strong and trained with the right skills (Baily & Bosworth, 2014). This paper will first look at the significant events of the history of U.S. labor to understand the current situation of the U.S. economy and how it has affected the workers. In this paper, U.S. labor, workforce or labor force refers to a pool of people who are employed in the United States. Since manufacturing is a significant source of employment for U.S. workers, the government has made advanced manufacturing as the center of its economic agenda to help with recovering the U.S. economy. Advanced manufacturing, as described in the President’s Council of Advisors on Science and Technology (PCAST) report, is an effort to improve the U.S. industry in systems engineering using materials that are cutting edge with innovative technologies (PCAST, 2012). Therefore, this paper will focus on how advanced manufacturing will affect the future for U.S. labor and help decrease unemployment. It will also discuss the different participants of the U.S. labor and how the economy could affect the participation rate of the workers, labor shortages, and skills gap in the future,...
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