Briefly describe the TWO different roles that courts play in Canada. The two different roles of Canadian courts are to make decisions on disputes and appeals or judicial review. The function of the court systems it to uphold the rule of law, resolve disputes, and test and enforce the laws in a fair and rational way. The court needs to be independent from the other aspects of the government, otherwise the decision can be influenced by the government and not based solely on the law and fact.
A plea bargain is an agreement between the prosecutor and the defendant in a criminal case. The prosecutor gives the defendant the opportunity to plead guilty to a lesser charge or to the original charge with less than the maximum sentence. For example, the prosecution and the defense may agree to a misdemeanor charge instead of a felony charge or the parties may agree to a sentence of 12 years instead of 20 years if the recommended sentence for that crime is 10-20 years imprisonment.
Plea bargain offers many pros to both the prosecutors and the defendants. For a defendant, the major advantage of plea bargaining can be to take away the improbability of a criminal trial. Having defendants use the plea bargain law helps the prosecutors to handle more cases (Larson). Most defendants want to avoid risking getting a maximum sentence. Usually prosecutor’s possible (likely) use plea bargain to avoid a messy trial to stop from harming their reputation (Larson).
In the United States court system, many criminal cases are not resolved in a timely manner. One of the more common ways in which many cases are resolved quickly is through plea bargaining. Plea bargaining is defined as an agreement between defense attorneys and prosecutors. (Spohn & Hemmens, 2012) Alschuler (1979) describes plea bargaining as the self-conviction act of a defendant. Today, approximately ninety percent of defendants plead guilty because of plea bargaining.
Lily Craymer November 8, 2017 Texas Politics County Court Judges vs Supreme Court Judges In Texas, County Court judges and Supreme Court judges both have the title of “judge” in their names, but what does that really mean? If someone introduces themselves with the title of a judge, it doesn’t give any specifics on what their public responsibilities are. Both positions have different levels of power, but are equally important. In order to reform Texas laws, one must know how it functions.
Topic 1: Explain how discretion is used in the court system • What power over the plea-bargaining process does the prosecutor have? What power over the plea bargain does the defense attorney have? How does the judge's discretion come into play? The prosecutor is the only member of the courtroom who has the option of offering a plea bargain to the defendant or refusing to offer a plea bargain.
When the jury trial process is replaced with plea negotiations, we lose trust and reliability in the system. When we give efficiency that the plea bargain has provided power, it comes at a substantial cost. People who are indeed innocent of the crimes they were convicted have now been influenced into pleading guilty for the sake of efficiency. Not to mention the collateral consequences that accompany a person when they plead out. It also undermines the reliability of convictions in general (Gilchrist, 2011).
Sometimes, the best strategy for a drug crime defense attorney is to negotiate a plea bargain. A plea bargain is an agreement between the defense and prosecution, in which the defendant agrees to plead guilty in exchange for reduced charges or a more lenient sentence. This strategy may be appropriate if the evidence against the defendant is strong, or if there is a risk of a harsh sentence if the case goes to trial. Presenting Mitigating Factors
The positive of the guilty plea is a controversial aspect of the criminal justice systems. He helps to solves the cases faster, speed up legal procedures, eliminate the number of cases in the court. Save time and money to the government. In addition, reduce the number of people in prisons. People who accepted plea bargaining, some of them get a probation, and can go home.
1. The role of the criminal prosecutor is to prove that that defendant is truly guilty. It is there job to look at all the evidence that is available and use that evidence to show why it is true that that person committed the crime so that they are prosecuted the way that they need to be. The job of the criminal defense attorney is to look at all the evidence that the prosecutor is bringing forth and to show why that evidence is not reliable or does not have any proof that it is linked to the person being accused of the crimes. It is their job to try to keep the accused person from being sentenced.
What is Plea Bargaining? Plea bargaining is a common practice in the criminal justice system that results in most criminal convictions. Plea Bargaining can happen from charging a defendant to before a verdict is attained. Normally, it involves a negotiation between the prosecutor and defense attorney to arrive at a bargain, which can lead to reduced charges and a shorter sentence.
The judicial branch Have you ever wondered how the judicial system works? Well the judicial system is set up and run by the supreme courts. The judicial branch is an essential part of the United States government that plays a crucial role in interpreting the law, upholding the Constitution, and ensuring that justice is served fairly and impartially. The Supreme Court of the United States is the highest court in the land and the only part of the federal judiciary specifically required by the Constitution. Interpreting laws there are many roles that go into making up the judicial branch of government.
Since the courts are backlogged and many public defenders and judges being overworked, this causes plea bargaining to be used repeatedly. According to Walker et al. (2018), plea bargaining leaves many people no option but to plea guilty even when this is not their best option. This is due to a multitude of reasons but mainly to receive a lesser charge. For example, a felony and little time in jail may be better than risking multiple felonies and an excessive amount of time in jail.
In the criminal justice system, there are three major components. They are the police, the courts, and the corrections. Each one of the components has a role to play in the system. The police are in charge of arresting and investigating crimes. The courts are charged with the responsibility of punishing offenders while the corrections implement the court rulings.
Malaysian judiciary refers to the Malaysian court system. It is an independent body separate from the legislative and executive arms of government. The role of courts is to ensure the law and order are followed, that justice is done, and criminals are punished. The head of the judiciary is the Chief Justice.