Josh Cooner Plea Bargaining What is plea bargaining? It is when both the prosecutor and the defendant come to an agreement where the defendant will plead guilty in exchange for a less severe sentencing.
Just last night, you were charged for a murder you did not commit. Now you have to go before a judge in two hours. All of the evidence the police collected points to you.
Either way, you are charged with first degree murder. You are offered a deal by the District Attorney. Do you take the plea bargain or not? The plea bargain puts you in jail for ten years.
Not taking the plea bargain means risking being in jail for life. The plea bargaining system has been around for a while. In fact, plea bargaining has been used since the s.
Inseventy one percent of charges were disposed of using used this plea bargaining system McConnell and Chester. From McConnell's and Chester's research, the percentage dropped to twenty six percent over thirty four years.
The percentage though, increased to eighty seven percent in s McConnell and Chester. From then, the percentage increased to what is now ninety percent Lynch More and more defendants are now pleading guilty to Term papers on plea bargaining the intensity of their punishment, since the plea bargain makes the sentence lighter.
The prosecutor, however, has to offer the defendant take a plea bargain. When the defendant takes the bargain, the prosecutor has closure to the case.
The defendant also does not go to trial, since he admitted to committing the crime, which allows the judicial system to benefit from it.
The plea bargaining system has come about as a result of the advantages it supplies to the judicial system, the community, the prosecutors, and defendants compared to the problems it creates. One main problem is the misuse of the plea bargaining system.
Innocent defendants will suffer the punishments of plea bargaining. When they plead guilty, they cannot appeal their case even when there is new evidence Tapscott. To the judicial system, they declared themselves guilty and the case is solved.
Also, in court, the defendants, prosecutors, witnesses, and lawyers have to hold up their right hand and swear to not lie.
Therefore, the judicial courts consider the innocent's plea as the truth and not a lie. However, an innocent defendant may plea guilty for several reasons.
According to McConville, an innocent can claim themselves guilty to "protect a third party or get the matter over with" This questions the purpose of a plea bargain. Also, the Innocent Project has records of innocent defendants who plead guilty. The records show that these innocent people have served "over years in prison" to avoid the death penalty Innocent Project.
In Texas, the sentence to being found guilty with murder is the death penalty. By taking the plea bargain, he was in prison for twelve years instead Innocent Projectuntil DNA evidence exonerated him.
Ex-convicts besides innocent defendants also misuse the plea bargain. The plea bargain system is also an advantage to an ex-convict because they familiarize themselves with the justice system. According to Teichner's report on CBS, "50 percent of the ex-prisoners will be back behind bars within three years" Teichner.
The ex-prisoners are arrested and put back in jail for committing a similar crime. Repeat Offenders, Plea Bargaining, and the Variable Standard of Proof," Covey describes how ex-convicts will use the plea bargain again when being charged for another crime.- Plea Bargaining Process The plea bargaining process is very important to the criminal justice system because without it the criminal justice system would grind to a halt.
Plea-bargaining is important because if every case went to a trial it would take years for criminals to . Plea bargaining is the pre-trial negotiation, which takes place in a criminal procedure.
During this procedure the defendant and has his attorney sits on one side, and the prosecutor is on the other. The defendant either agrees to plead “guilty” or “no contest” to a crime/5(1). Free plea bargaining papers, essays, and research papers.
My Account. Your search returned over essays - The plea bargain, a familiar term to most Americans. It is a procedure that for many years I associated with offering flexibility and rights citizens guilty of crimes.
I thought of it as a way to implement justice with compassion. Plea Bargaining Paper Barry Jones CJA/ May 21, 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. You are offered a deal by the District Attorney.
Do you take the plea bargain or not? The plea bargain puts you in jail for ten years. Not taking the plea bargain means risking being in jail for life. The plea bargaining system has been around for a while.
In fact, plea bargaining has been used since the s/5(1). •Distinguish between charge bargaining and sentence bargaining. •Compare and contrast the advantages and disadvantages of plea bargaining. •Describe how plea bargaining reflects or thwarts the crime control and due process models of criminal justice.