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Plea Bargaines Case Study

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When a person enters into a plea bargain agreement after coviented of a crime, that person who is being prosecuted have to make importants decisions. One of the most key decisions is how that person plead (Guilty or Not).“A plea is formal statement made on behalf of an accused person or made by the accused in court in response to the charge made against him” (Martin, 2003). Before a defendant plea Guilty or Not he/she have to enters into a plea bargains. A plea bargains are an agreement in a criminal case between the accuse person (defendant) and prosecutor usually involves the defendant pleading guilt in order to get reduced sentence, in stead of the case going before a jury. When a defendant accept a plea bargain he/she is giving up their Sixth Amendment to the United State Constituation. The Sixth …show more content…

Ruiz 2002, when immigration agents founded 30kg of marijuana in Angela Ruiz’s baggage (defendant) she was arrested and charged with importing marijuana from Mexico to the United State. Ruiz’s regular sentencing was range to twelve to eighteen months. However, a United State federal prosecutor for the Southern District of California presented Ruiz a “ fast track” plea bargain. The condition for the plea agreement required Ruiz to plead guilty within thirty days of her court appearance. In addition Ruiz would give up her right to a “ fair” trial if the cases goes to trial but on the other hand, Ruiz would spend less time in prison the crime. However, Ruiz did not accept the “ fast track” agreement because she believed the agreement was unconstitional to her rights. Ruiz was able to get her “ fair trial” under the Sixth Amendent. During, the trial Ruiz pled guilty to the charges of marijuana and requested the “ fast track” plea agreement that was offer to her. Unfortuanly, Ruiz was denied the “ fast track” plea agreement due to Ruiz’s failure to signing the plea agreement. Ultimately, Ruiz was sentenced to eighteen months in

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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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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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