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Evidence That Defendant Is Guilty

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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. The judicial officer is the person wills all the power to decide what happens to the person being accused. They are the ones that the information …show more content…

I think that the court systems should have a little more power when it comes to choosing due process or criminal control. If the person is a first time offender and it is a small crime then I think they should have the right to defend themselves. On the other hand if the person is being prosecuted for the second or more time for the same type of offense or if it was an offense that is very bad then I feel that they need to be punished for the crimes that they have committed. I do believe that there should be balance because not all court cases need to be dealt with to the extreme of punishments but then there are some cases and individuals that never seem to learn so they need to be dealt with in a different way to deter them and others from committing those same …show more content…

I do not think that the plea bargain lets someone off easy. While they might receive a lesser change they also are having the fact that they admitted to doing something taken into consideration by the court system when they decide on the punishment. I feel that it equals out in the long run for those who end up taking the plea bargain. In small cases yes the person might get off with just probation, but is probation was something in condensation then the crime could not have been that detrimental. They would not offer something like probation to a deranged murderer if they confessed to killing someone. I do think they are necessary because like I said for those who only commit small crimes it is easier for them to go through probation or house arrest instead of throwing a potentially nonviolent offender into a jail where they can become a violent offender. I think economically it is a good idea as well as socially to have the plea bargain. If benefits the community and judicial system because it prevents overcrowding and changing a person into something worse than they were as well as makes the process go a lot faster so that the criminal can be dealt with so other things that need to be addressed can be addressed. I would not change the plea bargain; I think that it is a good idea in most case scenarios for those who have committed small crimes because those with big crimes are still going to be dealt with in a harsher

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The upside of accepting a plea deal usually involves the defendant's pleading guilty to a lesser charge, or to only one of several charges. The agreements allow prosecutors to turn their attention and resources on other cases, and reduce the number of trials that judges need to attend. Though by accepting a plea deal one pleads guilty to one charge which usually results on your record forever because you plead guilty and didn't take your chance of proving your innocence by going to trial. For example if Larry Servedio did not want to accept his plea deal of two consecutive state prison terms of seven-and-a-half years by pleading guilty to two felony counts of second-degree kidnapping and go to trial he would face the possibility of losing the case and be sentenced to longer terms in prison. For the prosecution it saves them time but most important it helps the judges not overcrowd prisons by sentencing criminals to short terms which usually keeps them within their county lines.

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652 Words | 3 Pages

For the defendant, the most significant benefit to plea bargaining is to take away the uncertainty of a criminal trial and to avoid the maximum sentence. Society also benefits from plea bargaining since the agreements lessen court congestion and free up prosecutors to handle more cases. The Cons of Plea

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Plea bargain are intend for when the prosecutor has enough evidence to put some into prison they can reduce they charges they are being tried with. This will also reduce

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The court decides what to set bail at and if the defendant is a flight risk or a danger to the community. Then there is the arraignment. This is where the defendant is formally called on to plead to the charge after the judge reads the substance of the charge. You must have an attorney to help you or one will be appointed. There could be some plea dealings happening during the arraignment.

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According to the American Bar Association, the prosecutor is an administrator of justice and advocate. In the Casey Anthony trial the prosecutor had enough evidence to charge Casey Anthony as First-Degree murder. The false statements from Casey Anthony, the investigations from law enforcement, and every evidence presented pointed out that Casey Anthony killed her daughter. The prosecutor used “forensic evidence that they say shows Anthony kept the body of her daughter, Caylee Anthony, in the trunk of her car” (Treffers, Burgess, & Burgess, 2013). Another theory was that Casey Anthony put duct tape in Caylee mouth, and suffocate her.

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Today, many criminal cases are solved through the utilization of plea bargaining. If a defendant does not or cannot utilize this practice, the case will continue through the trial and adjudication processes. There are many factors that are involved in the process of plea bargaining. If the evidence for a case is not sufficient, a plea bargain may not be used. Our court system also uses two different types of plea bargains; charge and sentence bargaining.

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799 Words | 4 Pages

Pleas also give the defendant some certainty in sentencing, where often charges are reduced or withdrawn, and the range of sentencing options decreases when a deal is struck with the prosecutor. The mitigation of the sentence can have a positive effect on the defendant, because it has been shown that longer and harsher sentences do not reduce the risk of recidivism and can be detrimental to the offender. Longer jail terms are also more expensive than less restrictive sanctions, so this can also reduce the spending of state money. and spare victims the trauma of testifying in

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1972 Words | 8 Pages

The prosecution represents the state/the victims in criminal trials. A prosecutor’s responsibilities are to be professional, seek justice, and strive for the truth. Prosecutors live up to their responsibilities by gathering evidence, collecting witness testimonies, and obtaining other information to present a case against the defendant. Throughout the movie My Cousin Vinny, Jim Trotter is the prosecuting attorney. In the entire movie he is using evidence and witness testimonies to try to get the jury to find Billy Gambini and Stan Rothenstein guilty of killing the clerk in the store.

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Since they circumvent the trial process, plea bargains can be abused by prosecutors and defense attorneys who are more interested in a speedy resolution than justice being served. Sometimes plea bargaining can result in defendants being convicted for crimes they did not commit. There are times where innocent defendants who have had past criminal records with take a plea deal in order to avoid a trial and have taken reduced charges. (229) Given the issues associated with plea bargaining, I do not believe that it is an acceptable practice in some cases.

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1014 Words | 5 Pages

First of all, the officials suspect an individual is committing a crime. The cop can follow and gather evidence against the individual suspected of committing a wrong doing. If the cop feels he/she has enough evidence, but needs more they issue a warrant signed by a judge and search the individual or their property. Arrest, which is when an

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Plea bargains are beneficial to the prosecution because it reduces the overall costs of the criminal prosecution, devotes more time to serious cases, the administrative efficiency of the courts is greatly improved, and recourses can be devoted to cases that need greater attention. The defendant also avoids possible detention and an extended trial and may receive a reduced sentence. I believe that the defendant benefits more from a plea bargain because it would create a better outcome for them in the long run. I think we should only allow plea bargains for misdemeanors. Murders and other serious offenders should not be allowed this right to help their future.

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212 Words | 1 Pages

The responsibilities of a judge are to interpret the law. Assess the evidence presented and control how hearings and trials unfold in their courtroom. Judges provide an independent and impartial assessment of the facts. Along with knowing how the law applies to the facts presented to them by opposing sides of legal cases. Judges pass sentencing, signs warrant, imposes penalties on the guilty, set and revolt bail, assess damages while granting injunctions or orders.

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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.

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1275 Words | 6 Pages

Is the American Justice System fair? This question has caused many controversies amongst Americans. Every year, stories emerge that serve as a reminder that the American Justice system, means injustice for many. The real question is who is sent to prison and who walks free? A question that many would like to believe is properly answered by judges, jurors, and attorneys.

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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.

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