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Brian Banks Case Paper

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Brian Banks was wrongfully convicted of rape because he chooses to take a plea deal, which was the lesser sentence then spending 41 years in prison. “The plea bargain a prosecutor will strike generally depends on three factors and in this case, the two factors was the seriousness of the offense and the strength of the prosecutor's case” (pg 307). The evidence was mounted against Mr. Banks because they had a key witness, Ms. Wanetta Gibson. Mr. Banks was “not served by the practice of plea bargaining because he was innocent” (pg 308). He “was in fear of being found guilty of a crime he did not commit and receiving a harsh sentence” (pg 208). In this case, how do we reconcile the benefits of plea bargaining with the importance of justice? Our criminal justice system is a system where “95% of criminal defendants plead guilty to the charges against them” whether they are guilty or not (pg 11). …show more content…

Fisher tells us that “citizens and nations should oppose any system of government or group that would try to torture or imprison any one for matters of conscience” (fisher). In this case, Mr. Banks should have never taken a plea deal. He should have taken his chance and went before a jury. Why make yourself look guilty when you are not, no matter how much evidence is stacked against you? I understand he was unsure and afraid, but God tells us that in our Christians life we will all face persecutions, tribulations, and fiery trials. John 16:33 ensures us that we are never alone when we are fighting these battles and says “I have told you these things, so that in me you may have peace. In this world, you will have trouble. But take heart! I have overcome the world.” (NIV). Citizen is all innocent until proven guilty beyond a reasonable

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In July 1979, Gary Dotson was convicted of aggravated kidnapping and rape of a young woman in 1977. He was sentenced to not less than twenty-five and not more than fifty years. Many years after Dotson’s conviction, the victim recanted her testimony because she didn’t want anyone to know about a sexual encounter with her boyfriend so she fabricated the rape. Once the victim recanted her testimony, Dotson contended that the recantation constituted grounds to vacate the original sentence and he should be awarded a new trial. In 1987, the governor agreed to grant Dotson his last chance at parole.

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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.

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