...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 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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...1 Assignment – Plea Bargaining Sarah Lee Westwood College – South Bay CRJS121 – Corrections Dalia Fragoso August 19, 2013 Plea Bargaining The right to a trial by jury was considered a central part of the justice system in the early days of the United States. The Seventh Amendment of the Bill of Rights codified it as an essential part of Americans' civil liberties. When criminals were caught and charged, the government went through a trial and verdict. But in the 1800s, a trend toward plea-bargaining began. In Alameda County, from 1880 to 1910, nearly 10 percent of all defendants changed their "not guilty" pleas to "guilty of lesser charges" or pled guilty to reduced charges (Fisher, 2003). A plea bargain is an agreement between a defendant and a prosecutor, in which the defendant agrees to plead guilty or no contest (nolo contendere) in exchange for an agreement by the prosecutor to drop one or more charges, reduce a charge to a less serious offense, or recommend to the judge a specific sentence acceptable to the defense. As criminal courts become ever more crowded, prosecutors and judges alike feel increased pressure to move cases quickly through the system. Criminal trials can take days, weeks, or sometimes months, while guilty pleas can often be arranged in minutes. Also, the outcome of any given trial is usually unpredictable, whereas a plea bargain provides both prosecution and defense with some control over the result. Today, the plea bargain is an essential...
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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 three basic forms of plea bargaining are charged bargaining, sentence bargaining, last but not least, fact bargaining. The influence that is put on prosecutors to consider when deciding whether or not to plea bargain, along with the kind of bargain to make is the serious nature of the committed crime, the background record of the defendant, and how strong the prosecutor can build his or her case. "Plea bargaining serves the interests of all the actors in the administration of justice"(Bohm, & Haley, p. 311). There are many advantages in plea bargaining as well as restrictions of the same. A few interests are: lessening the unpredictability of the amount of time and the after-effects of the results, prosecutors are given a strong desire,...
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...Running Head: Plea Bargaining 1 Plea Bargaining Brandi D. Greenfield CJA/224 October 22, 2014 Ali Shakoor Running Head: Plea Bargaining 2 To many there are advantages and disadvantages to plea bargaining. Some may argue that if you accept a plea bargain you are admitting to the crime that you are being charged with, even if you are innocent or intend to plead not guilty. There is no true definition of plea bargaining but according to (Black’s Law Dictionary) plea bargaining is defined as “the process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval that usually involves the defendant’s pleading guilty to a lesser offense or to only or some of the counts of a multi-count indictment in return for a lighter sentence than the possible for the graver charge.” (University of Phoenix, 2011). There are two types of plea bargaining known as charge bargaining and sentence bargaining. “Charge bargaining refers to the prosecutor’s ability to negotiate with the defendant in terms of the charges that could be filed.” (University of Phoenix, 2011). “Sentence bargaining occurs when a defendant agrees...
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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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...Accountability has become Hostage of Plea Bargain. Does Plea Bargaining Undermine the Criminal Justice System? Legal and Social Impacts on Society. Student’s Name Institution Contents 1.1 Background to the Study...............................................................................................4 1.2 Purpose of the Study.....................................................................................................5 1.3 Research Objectives......................................................................................................5 1.4 Research Questions.......................................................................................................6 1.5 Significance of the Study..............................................................................................6 2.0 Methodology/ Research Design.....................................................................................6 2.1 Sampling Design............................................................................................................7 2.2 Sample Size....................................................................................................................7 2.3 Data Collection and Analysis.........................................................................................7 2.4 Validity and Reliability..................................................................................................8 2.5 Skills Required......................
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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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...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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...In order for the plea bargain process to remain a solution for the courts, implications and restrictions need to be placed to prevent chaos and destruction. Because he prosecutors’ authority and power play a key role in the formation of plea bargains, their power needs to become limited so that one prosecutor does not solely determine the fate of the defendant. Much controversy surrounds the role of prosecutors in the plea-bargaining process because of allegations of coercion and biased decisions. In order to begin to fix the process, a focus needs to be shifted onto the prosecutors. Since plea bargains were originally created to speed up trials and release court case loads. Although it has relieved the courts of overloading cases, they have...
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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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...Calling Your Bluff: How Prosecutors and Defense Attorneys Adapt Plea Bargaining Strategies to Increased Formalization by Deirdre M. Bowen People have long debated whether plea bargaining is the best way to handle felony cases in the justice system. This article focuses on a reformed, institutionalized way to plea bargain. The author researches the King County Prosecutors rationalized approach to the way the Early Plea Unit handles their cases. Ms. Bowen states in her article that all authors reviewed agree that, “plea bargaining under an imbalanced system does not achieve justice, much less arrive at something that resembles empirical or legal truth, institutionalized plea bargaining best resembles the criminal justice system’s desire to create efficiency, calculability, predictability, and control in the processing of defendants, and that reform should work to balance the power between the prosecutors and defense team.” (Bowen) Each reviewed author had a little different way to achieve that balance. Uviller (2004) thinks that the system should resemble at factory type approach. The first stage is the charging stage. The case enters the system and is reviewed for the most obvious, easy to prove, and reasonable charges. It then would move to the adjudication. In this stage the negotiating attorney would attempt to make a deal with defendant in order to get a guilty plea. If a deal cannot be reached, the case would then be transferred to the trial team in preparation...
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...Personally, I think plea-bargaining is not only beneficial but essential for our court system. Plea-bargaining speeds up the court process, gives defendants a way out of a trial, and gets the prosecutors a guilty plea. If we did not have the option to plea-bargain our court system would be slower than what it already is. Being able to work out cases without a trial keeps the caseload down (Bohm & Haley, 2014). We have a slow court system as it is with having to wait on arresting agencies to send over the arrest, then prosecutors reviewing the facts of the case to see if a viable case should be filed, to finally filing a case. This sometimes can take months to happen. Once the case is filed defense attorneys have to try and work out the case and...
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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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