Plea Bargianing

In: Other Topics

Submitted By batmanrobin182
Words 368
Pages 2
Robin Duffy
Crim-120: Introduction to Courts
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.…...

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