Plea Bargianing

In: Other Topics

Submitted By batmanrobin182
Words 368
Pages 2
Robin Duffy
Crim-120: Introduction to Courts
Assignment 12.1 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 their innocence. Plea on the nose is when the defendant pleads guilty to the charges on the indictment. Nolo contendere is when the defendant does not plead guilty or not guilty. Allocute is a statement made by the defendant saying they committed the crime. Allocution hearing is that statement made at the sentencing hearing.…...

Similar Documents

A Plea for Change

...A Plea for Change Being a man of honor is an interesting thing. For nearly 30 years I have been a loyal servant to the throne. I am the second son to my father, Zhang Xiajie, Zhang Fu. My father was a teacher that was diligent and through generosity and good fortune able to amass a respectable sized property. I now own that property and make my living as a farmer and manager of land. As a young man, my father always taught me to follow a righteous path. In order to stay on this path, I was urged to maintain a standard of activity that is moral, legal, and ethical in all ways. To this end your highness; I have lived my life in every way that would bring honor to my family and glory to the empire. Now that I am a father, I intend to train my children up in the same way. The land that I currently hold is prosperous. The grain is easily harvested; the vegetables grow large and full. Our livestock never grows hungry and as a result we are content. Each morning I arise with my five sons and we work the land with the hired laborers. We do manage the property, however, we are not afraid to plow and sow as any man can. I have what can be considered quality tenants that are hard workers and are willing to help support and protect the estate. There is however a man in the region who is growing in both power and influence (surely you are well aware that his prowess could never grow to the level of yours). While neither he nor his men have directly attacked my land or my family, his......

Words: 1773 - Pages: 8

Insanity Plea

...Deadly Deceivers: Why criminals shouldn’t be able to plea insanity Just imagine for a second this scenario. Its premier night for the most anticipated movie of the year “The Dark Knight Rises” and you’re finally making it into your seat after standing for about an hour outside the theatre. The lights dim as the movie starts, and bang! A guy busts through the door fully armed and starts firing into the seat. Seventy people are injured, twelve of them die. The man responsible for this crime is currently on trial, and has the chance to be acquitted because he plans on pleading insanity. Prosecutors in this case proclaim: This just allows the defense to think through how they want to proceed…That makes it easier for the defense to plan its best case. Holmes could plead insanity and would wind up in a mental hospital indefinitely – and would never face execution, if the jury finds in his favor (Campbell). This would not be fair to the people who were injured and to the loved ones of the people who lost their lives in the shooting. Just as a kid would do anything not to get in trouble by their mother, so would a criminal who could face life in jail or execution, which is why pleading insanity shouldn’t be up to a criminal, because they would do anything to get out of jail time. The insanity plea, also known as the insanity defense, is a type criminal defense used in order to reduce their liability in court. Barry S. Edwards, a Minnesota criminal defense attorney, asserts...

Words: 1259 - Pages: 6

Plea Bargaining

...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......

Words: 803 - Pages: 4

Plea Bargaining

...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......

Words: 1186 - Pages: 5

Plea Bargaining

...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......

Words: 1113 - Pages: 5

Plea Bargaining

...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...

Words: 1117 - Pages: 5

Plea Bargaining

...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......

Words: 1148 - Pages: 5

Plea Bargaining

...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......

Words: 890 - Pages: 4

Plea Bargaining

...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...

Words: 1173 - Pages: 5

Plea Bargains

...Plea Bargains Ashley Williams Axia University of Phoenix CJS 220 Pleas bargains are offered throughout the justice system everyday, in various types of cases. “Nearly 95% of all felony cases never reach a jury. They are settled through pleas bargains in which a defendant agrees to plea guilty in exchange for a reduced sentence.” (PBS, 2004). An agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence. Most criminal defendants are offered plea bargain. A plea bargain gives criminal defendants the opportunity to avoid sitting through a trial risking conviction on the original more serious charge. There are two types of pleas bargains; a charge bargain and a sentence bargain. A "charge bargain" occurs when the prosecutor allows a defendant to "plead guilty to a lesser charge," or to only some of the charges that have been filed against him. For example, a defendant charged with burgarly may be offered the opportunity to plead guilty to "attempted burglary." A defendant charged with Drunk Driving and Driving With License Suspended may be offered the opportunity to plead guilty to just the drunk driving charge. A "sentence bargain" occurs when a defendant is told in advance what his sentence will be if he pleads guilty. This can help a prosecutor obtain a conviction if, for example...

Words: 996 - Pages: 4

Plea Bargains

...Plea bargains play a major role in the criminal justice system. The use of plea bargains has become quite controversial with valid points argued by those who support and those who oppose their use. Before making a decision to agree or disagree, one must compare the arguments regarding the use of plea bargains as well as understand the purpose of the plea bargain, types of plea bargains, and the positive and negative aspects of each type of plea bargain. Purpose of Plea Bargains A plea bargain is an arrangement made for a criminal case in which the prosecution proposes a deal to the defendant in exchange for a guilty plea. A plea bargain allows individuals who have been accused of criminal activity the ability to dodge a possible conviction during a trial for a more serious charge. The prosecution will typically offer the defendant a sentence for a lesser charge, or the original charge will remain with an additional recommendation for a lighter sentence (Meyer & Grant, 2003). These types of incentives allow the courts to save time and money by settling cases quickly and effectively. Plea bargains are initiated by either the defense or prosecuting attorney. Both parties are involved throughout the process of negotiations. This process can either be speedy or consist of several lengthy meetings that involve changing the conditions of the plea agreement until an agreement is reached. The prosecution and defense must be in complete agreement regarding the......

Words: 1365 - Pages: 6

Plea Insanity

...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......

Words: 1941 - Pages: 8

Plea Bargaining New

...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...

Words: 904 - Pages: 4

Plea Bargaining Essay

...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,......

Words: 1177 - Pages: 5

Plea Barging

...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......

Words: 898 - Pages: 4

Black Clover (TV) Episode 46 English Sub | Trío. La búsqueda del Santuario Sagrado (2017) Full Micro HD Gratis | Восстановленные правила