...Plea Bargaining Glenn Friedlander CJA/224-Introduction to Criminal Court Systems October 22, 1013 Deborah Carr Plea Bargaining Plea Bargaining is a process in which the prosecutor and the defendant via the defense attorney comes to an agreement during a multi-charge case for the defendant to bargain with the prosecutor after being informed by his or her defense attorney of the consequences of one or more charges for a lesser sentence rather than going to trial and possibly receive the max sentence he or she are facing (Siegel, Schmalleger, & Worral, 2011). This is normally used when a defendant and his or her defense attorney knows there is no way for the defendant to get off based on the charges he or she is being charged with and the evidence against them. More often than none, the defendant’s attorney is highly aware of the possibility of losing the case based on the results of the investigation that was conducted after the crime was committed. This process is also designed to save tax payers money by avoiding a lengthy trial that was probable based on the crime committed. Charge Bargaining This is a process in which the prosecutor can negotiate with the defendant to make it seem like the prosecutor is on the defendant’s side. This is done by telling him or her they will avoid adding additional charges if the defendant chooses to plea bargain with the prosecutor at that particular time or whichever time the prosecutor provides for the defendant to discuss the...
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...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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...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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...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 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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...* Lecture Notes CJ 110 Weeks 13 & 14 4/22 - 5/3 Video: The New Asylums * Arraignment * The first step in the criminal proceeding * Defendant appears before the judge to be advised of the charges and enter a plea * Bail * The amount of money or conditions set by the court to ensure that the defendant will appear for further criminal proceedings * Look at many factors: * Uncertainty, risk, overcrowding, ties to the community * Release on Recognizance (ROR) * Cash * Bail Bond * Personal property * Plea Bargaining * Defense and Prosecution form an agreement for some form of leniency (Ex. plead guilty for lesser charge, fewer charges, reduced sentence, etc.) * More than 90% of all cases * Advantages: * Avoid an expensive trial * Case is handled quickly * Less work for attorneys * Witnesses/jury not forced to appear for trial * Disadvantages? * Defendant is entitled to jury by peers and to face his/her accuser * May plead guilty out of fear (when innocent) * Overcharging by prosecutors as incentive * Not potentially getting full range of punishment/sentence for the crime * Pretrial Detention in Jail * Offenders are detained if considered a flight risk in order to assure appearance in court * Detained if considered dangerous * Preventive...
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...Plea Bargaining For Company Management By Name Presented to ------------------------ Date Plea Bargaining A plea bargain is a negotiation between the defense attorney and the prosecutor that is presented to the defendant. Plea bargaining is vital in keeping the courts from being overwhelmed with trials. There are two different types of plea bargaining: charge bargaining and sentence bargaining. There are advantages and disadvantages to both the defendant and the prosecution in plea bargaining. Crime control advocates and due process advocates do not see plea bargaining in the same fashion. A guilty verdict doesn’t always result from a trial. It mostly results from a voluntary plea by the defendant. A plea bargain is when a prosecutor offers the defendant the opportunity to plead guilty to the original charge or a lesser charge for a lesser than the maximum sentence. For a plea bargain to be negotiated; the prosecutor needs to offer the defendant a reeducation of severity of the charges, reduction of the number of charges or a reduction in sentence. Unless one or more of these items are met, there will not be a plea bargain. A plea bargain is between the prosecutor and the defense attorney. Once the prosecutor presents the offer to the defense; it has to be taken to the defendant for approval. Once the pros and cons are discussed and the defendant agrees and accepts the plea, it is presented to the judge. Plea bargains...
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...through the courts and ensuring all Constitutional Rights are protected in the best interest of society. Public outcry and advocacy have led to the emergence of victims’ rights in recent decades. Prosecuting Attorney The prosecuting attorney’s role is to present evidence against the defendant on behalf of society. When a case is presented to them, they must review the evidence and the charges against an individual to warrant moving forward with the case. The prosecutor attends every court proceeding in a criminal case armed with evidence to prove the defendant’s guilt which they must share with the defense. The prosecutor can exercise discretion in determining if a plea bargain is a justifiable means to resolve a case rather than going to the trial phase (Schmalleger 2011). In many instances the practice of plea bargaining helps alleviate the caseload for most courts. A Prosecutor may...
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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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...| 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 Fredi Orellana cj224 Plea Bargaining plea bargains are a agreements between the defendants and the prosecutors where the defendants agrees to plead guilty to the charges for some or all of them for an trade like exchange for the prosecutor. The agreements allows prosecutors to look at other cases that need to be focused on more and use their time on them. It helps reduce the numbers of trails a judge has to oversee. In plea bargains usually the prosecutor makes an offer to reduce the punishments for the defendants and sometimes reduce the charges. They can also recommend that the defendants receive less time. It other cases sometimes the plea barging the defendants have to do favorable plea barging in exchange. It could be to testify in other cases, become an informer. Plea bargains depends state by state and what the judge can be limited too. Plea barging helps the criminal justice system to save time and resources it also can be viewed wrong. Some think that plea barging is a way for the defendant to get off easy off a crime, and others think that it undermines the constitutional rights. When a defendant accepts a plea barging they have to give up three of their rights that are found in the fifth and sixth amendments, “the right to a jury trial, the right against self-incrimination, and the right to confront hostile witnesses.” The plea barging is a voluntary decision by the defendant, and must have the state of mind knowing they are pleading guilty...
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...Crime is a serious problem worldwide that affects many societies. Because of this issue, we have had to come up with a complex set of laws procedures for dealing with those accused of breaking the law. I will attempt to explain the criminal justice process and the different avenues the process can take. When crimes do occur in the United States this is only the start of the criminal process. First a crime must committed or believed to be committed. Usually some one will call 911, 311, or flag down an officer or perhaps the officer will witness the crime him or herself. Some time criminals are caught in the act or apprehended some later. The choice to commit crime is up to each of us and is really the start of the entire process. Every thing that comes after is just a response to this act. The next step after apprehending a suspect is to read this person their Miranda rights. This is very important as a suspect could be set, free later on at trial if this does not happen. Law Enforcment officers at any level must verbally inform an individual of their rights. These are the right to remain silent, warning that any answers can be used in a court of law, and the right to an attorney. This is a good thing because the person under arrest may not understand the right afforded to them and unfairly incriminate them self. These right are mainly the consequence of the U.S supreme court ruling in the case of Miranda vs Arizona. (Miranda v. Arizona (1966),This law was not universally accepted...
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...CHAPTER 1 Myth v. Reality Many people form opinions about the criminal justices system from the media. But how true are these images of justice? Developing the criminal justice system Introduction--London Metropolitan Police was the first police agency and was developed in 1829. The first police agencies in the United States were in Boston (1838), New York (1844); and Philadelphia (1854). Criminal justice system was first recognized in 1919, by the Chicago crime commission. The modern era of justice Modern era of justice can be traced to a series of research projects begun in the 1950 under the sponsorship of the American Bar Foundation. Federal involvement in criminal justice President’s Commission on Law Enforcement and Administration of Justice was appointed by President Johnson in 1967. Passage of the Safe Streets and Crime Control Act of 1968 Helped launch massive campaign to restructure criminal justice system Provided funding for the Law Enforcement Assistance Administration (LEAA) The contemporary criminal justice system Introduction—The criminal justice system is society’s instrument of social control. The contemporary criminal justice system in the United Sates is monumental in size. The system is massive because it must process and care for millions of people. The criminal justice system can be divided into three main components: law enforcement agencies, court system, and correctional system. The formal criminal justice process Introduction: Few cases...
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...A felony criminal charge is a crime, which originally involved confiscation of a convicted person’s property such as land. Felony includes quite a number of crimes such as battery, arson, burglary, aggravated assault illegal drugs and vandalism of federal property. A person who is convicted in any court for felony crime is called a felon. The criminal justice system is a series of institutions and practices within the government who are directed towards upholding social control, mitigation and deterring of criminal activities. The criminal justice institutions are also involved in sanctioning individuals who violate the laws as well as recommending rehabilitation of other convicted individuals. A certain procedure is applied when the criminal justice institutions are carrying out justice and fair ruling in felony crimes at the state and federal level. The entire criminal justice process for a felony crime involves a series of stages, which are closely linked and dependent. The first stage is usually investigation of the criminal while the last stage involves release of the felon after undergoing correctional supervision. Usually an accused individual is arrested after the necessary investigations have been carried out which will link the person to that particular crime. Arrests are usually carried out by police officers upon presentation of a warrant legalizing the arrest such that the suspect is held in custody awaiting the court hearings. The process of arrest require that...
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...Plea Bargaining: Should it be abolished in the United States criminal justice system? Millions of criminals each year are absolved of charges and set back into society, endangering all citizens, while millions of innocent individuals are deprived of their right to justice. This happens due, in part, to plea bargains made for the benefit of said criminal - not only does America’s justice system ignore the needs of innocent families in exchange for their salary, but they don’t bat an eye at the further harm done by the offenders after they so recklessly let them go. Thus, plea bargaining is a major factor in the grief of many families across the nation. “The very essence of deterrence is credibility.” (Source C) Criminals set back into society...
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