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Plea Bargaining Advantages

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1. According to “A Brief Introduction to Criminal Justice” book plea bargaining is a process of negotiation that usually involves the defendant, the prosecutor, and the defense counsel and is founded on the mutual interests of all involved. The purpose of plea bargaining is for defense attorneys and their clients who will agree to a plea of guilty when they are unsure of their ability to win acquittal at trial. Plea bargaining offers prosecutors the additional advantage of a quick conviction without the need to commit the time and resources necessary for trial. Benefits to the defendant include the possibility of reduced or combined charges, reduced defense costs, and a shorter sentence that might otherwise be anticipated. (228) Plea bargaining …show more content…

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. As the book says that there are innocent people who are charged and convicted for crimes that they did not even commit but their past gets in the way and they may feel force to take a plea bargaining if they believe the judge will wrongfully convict them. Also there have been cases where people have taken a plea bargain after having committed a worse crime and they are let off the hook and are charged for a lesser crime they had recently committed which is not fair for the victim. After all justice will be served at some point and the victim will get closure and the malefactor will pay its

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Example Of Larry Servedio Case

619 Words | 3 Pages

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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Pros And Cons Of Gideon Vs Wainwright

1082 Words | 5 Pages

Criminal trials are not perfect, but by requiring evidence beyond a reasonable doubt, they can prevent several miscarriages of justice. Considering that innocent individuals may arrive at trial for misidentification, police misconduct or simply being in the wrong place at the wrong time, these individuals are at a disadvantage since by being offered plea deals they avoid trial and avoid the burden of “ beyond a reasonable doubt,” required to be pronounced guilty. Thus, in a CJ system saturated with cases, plea bargains become a mechanism for prosecutors and defense attorneys to bypass trials. For defendants, the fear of incarceration and the unpredictability of juries or judges create the conditions of coercion that might persuade defendants to prefer plea deals over

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Plea Bargain: Documentary Analysis

372 Words | 2 Pages

Plea bargain is an ethical issue stated in the documentary Plea bargain. The plea bargain documentary explains how pleading guilty in a plea bargain is a way to get a reduced sentence or get out free of a charge. At times taking the plea bargain might not be the best option but sometimes it’s the only choice. According to the prongs of deontological perspective, pleading guilty is a solution to be let out free, a reduced charge and dismissed a charge off.

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The Pros And Cons Of Plea Bargaining

652 Words | 3 Pages

The Pros and Cons of Plea Bargaining Disclaimer By: LawInfo When faced with criminal charges, a defendant often has one simple goal. That is, to minimize the potential penalty. Of course, being found innocent at trial, and being aquitted, is the best way to avoid jail time and other penalties.

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Pros And Cons Of Plea Bargain

978 Words | 4 Pages

Plea bargains are negotiations between the prosecutor and the criminal defendant. In this negotiation, the criminal defendant consents to pleading guilty. When the criminal defendant takes the guilty plea, he or she is able receive reductions in their charges or sentences. There are pros and cons of plea bargains, but these bargains can be doing more harm than good. Plea bargaining is a simple process but can have long term repercussions.

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Pros And Cons Of Plea Bargaining

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Purpose: One of the purposes of the ban on plea bargaining was to create a justice system where individuals could be properly charged, tried and sentenced. Another reason was to set the roles of each level, police should investigate, prosecutors try the case and judges decide the sentence.

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Pros And Cons Of Plea Bargaining

591 Words | 3 Pages

Some of the pros include, plea bargaining assists the state and the court to deal with loads of cases presented to them. It also reduces the prosecutors’ work load by leaving the minor charges to settle through and give them the opportunity to work ahead of the more serious cases. It also enables for a less time-consuming and expensive trial as it restructures the accused to agree to the blame and submit themselves to the law voluntarily, giving the judging panel less time to come up with a verdict. In addition to that, plea bargaining also helps to deal away with the trial’s uncertainty.

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Plea Bargaining In Criminal Cases

601 Words | 3 Pages

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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Pros And Cons Of Plea Bargaining

799 Words | 4 Pages

Plea bargaining is essential to the efficient function of the criminal justice system, where such agreements can conserve judicial and prosecutorial resources and offer defendants alternatives to trial. Plea agreements accomplish this by allowing defendants to plead guilty in exchange for certain benefits, which then reduces the amount of cases going to court. When fewer cases go to trial, resources can be allocated so that more serious cases can be tried in court, while lesser offenses can be resolved quickly through a plea, allowing often overworked judges and prosecutors to devote less time to individual cases, and complete more cases within a given time period. In contrast, if all cases went to court it would be infeasible to devote

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Pros And Cons Of Plea Bargain

480 Words | 2 Pages

A plea bargain is a compromise between defense attorneys and the prosecution on behalf of the defendant. In an effort to avoid a long and costly court trial, the prosecution offers a sentence, in exchange, the defendant agrees to plead guilty and receives a reduction in charges and/or a lesser sentence. Plea bargains are commonplace, 90% of criminal cases are resolved with the use of plea bargaining (book). Established in the 1970's in Brady v. the United States, the legal foundation and constitutionality of plea bargaining has been debated. While there have been many critics of plea bargaining, there have also been many that support the court systems use of plea bargaining.

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Plea Bargaining Advantages

244 Words | 1 Pages

A plea bargain is an optional agreement that occurs during a criminal case between a prosecutor and defendant. These agreements are options for the defendant to take rather than taking their case to trial. Ninety-seven percent of all federal cases and ninety-four of all state cases are all settled by plea bargains() Plea bargaining has become a normal process when it comes to court cases. Although every individual has their own beliefs, plea bargaining helps out our criminal justice system but in contrast it is taking away from the value of the criminal justice system. Just like in every story we are faced with two different sides a positive and a negative.

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The Plea Bargain Analysis

1216 Words | 5 Pages

Many people argue against plea bargaining; when in reality, it is a needed component for the functioning of the criminal justice system. The overall process of plea bargaining has many players and components. The plea bargain process can begin

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Why Is Plea Bargaining Unfair

1485 Words | 6 Pages

In conclusion in my opinion plea bargaining could be perfect for some people that have not committed a crime but the evidence against them is too much, and they know that there is a greater possibility that they will be convicted of the offense. In some cases, people get off easy and do not have to suffer like that

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Impact Of Plea Bargaining On The Criminal Justice System

611 Words | 3 Pages

Plea bargaining has multiple impacts on the criminal justice system, positive and negative. In this paper I am going to be explaining to you why I think it has a positive impact and how it aids with the efficiency of the criminal justice system. There are a lot of ways plea bargaining affects the criminal justice system in positive ways such as allows the courts to go through cases a lot faster than if there was no plea bargaining. In 2004, for defendants 96% were convicted of felonies in federal courts.

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Essay Against Plea Bargaining

820 Words | 4 Pages

Eliminating plea bargains would clog up the courts almost indefinitely.”   In 1992 court systems in the Bronx abolished plea bargaining, as a result the number of pending cases grew. At the end of September, 51 percent of pending felony indictments exceeded the six-month statutory period allotted for a speedy trial - one year later it grew to 60.5 %. The same is modeled in Alaska, Their Trial rates more than doubled in the two years after the ban.

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