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Pros And Cons Of Gideon Vs Wainwright

1082 Words5 Pages

The landmark Supreme Court case Gideon v. Wainwright (1963) ruled that the 6th amendment obligated federal and state government to provide an attorney to anyone who could not afford one. Gideon v Wainwright ruled in favor of public defenders to create a mechanism which limited the government’s power by having them prove their convictions beyond a reasonable doubt. Currently, the Supreme Court ruling has created enormous caseloads that many busy courts struggle to handle. As a solution to the problems of high caseloads, plea bargaining has become the primary method of closing cases. Although achieving greater efficiency for the criminal justice is necessary, overly utilizing plea bargains weakens the criminal justice as it fails to reinforce the principles established in Gideon v Wainwright by foregoing trials. The utilization of plea bargains complicates the ruling of Gideon v Wainwright because it creates a mechanism which seeks to process defendant, quickly through the system by incentivizing lesser …show more content…

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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Summary Of Gideon's Trumpet By Anthony Lewis

819 Words | 4 Pages

The written story of how Clarence Earl Gideon, a poor Florida man, went from a convicted criminal to ultimately redefining legal history is astounding. The Supreme Court commonly dismisses more cases than it accepts and the fact that a handwritten petition from a prison inmate was accepted shows that even the seemingly most insignificant person can make a difference in our society. The book’s literature is highly legalistic but constantly provides a detailed account of how the judicial system is constructed. Coming from a regular college student standpoint with no previous formal law education, this makes the underlying concept easier to grasp. The story’s setting during the time of the Gideon case, showed how the legal system was constructed towards the growing concept of a defendant’s rights.

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Texas Judicial Branch Case Study

856 Words | 4 Pages

However, a defendant might accept a plea bargain from the prosecution before trial, because the evidence against them is overwhelming. If that is not the case, the prosecution will have to prove their case to a jury beyond reasonable doubt that the defendant committed a crime, and the defendant should have to serve jail or prison time for their punishment as a result of their crime. In conclusion, many people believe the Texas Judicial Branch needs refurbishing for the 21st century.

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Gideon's Army Summary

1170 Words | 5 Pages

At first viewing of the documentary "Gideon's Army.' * you may become overwhelmed by the dire situation of the criminal justice system in the South, specifically with regard to the poorer and less educated population. To observe how stressed the public defenders are, how tapped the resources, and how desperate the defendants, you struggle with the notion that there may not be anything that can be done and it's too big a problem to overcome. But delving into the professional, and, at times, personal life of Travis Williams, a public defender in Georgia, you feel determination and hope. Williams advocates for each client with passion and diligence.

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The Pros And Cons Of Plea Bargaining

652 Words | 3 Pages

Both sides will carefully weigh the strength of their case and decide whether it is prudent to go to trial. The prosecution may also consider the publicity surrounding the case and whether there is public pressure to prosecute that particular defendant to the full extent of the law. The defense will consider the individual defendant’s desire to go to trial and the seriousness of the potential sentence. The Pros of Plea Bargaining

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Review Of Indefensible By David Feige

1415 Words | 6 Pages

David Feige’s Indefensible: One Lawyer’s Journey nto the Inferno of American Justice invites people from all walks of life to a second hand experience of the criminal justice system hard at work. What is most interesting about Feige’s work is its distinct presentation of the life of a public defender in the South Bronx. Instead of simply detailing out his experiences as a public defender, Feige takes it a step further and includes the experiences of his clients. Without the personal relationships that he carefully constructs with each of his defendants, Feige would not be able to argue that the criminal justice system is flimsy at best, decisions always riding on either the judge’s personal attitudes or the clients propensity towards plea bargaining.

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Pros And Cons Of Plea Bargaining

737 Words | 3 Pages

A second disadvantage is that some may say that plea bargaining is unconstitutional since every American citizen has the right to trial by jury (Tapscott, 2017). According to those who oppose plea bargains, there is nothing free or fair about the choice that the plea bargains present (Klau,2013). Adding that defendants are asked to make the choice under pressure because of the possible charges and prison time they face if they don’t accept the plea bargain(Klau,2013). With this in mind, plea bargain can result into unjust sentencing for the

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What Is Gideon's Promise?

798 Words | 4 Pages

Clarence E. Gideon fought for the right for everyone, no matter the special circumstances, to have legal representation in court. This was Gideon’s promise. However, his promise is lost in transition. Although people are now receiving the legal counsel they needed, the quality of the legal counsel is not what they deserve. These counsel are sometimes unfit for the trials they are given causing unfair and often wrongful decisions.

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Three Types Of Plea Bargains

230 Words | 1 Pages

The three basic types of plea bargains: the first one is where the defendant may be allowed to plead guilty to a lesser charge; the second is one is, at the request of the prosecutor, a defendant that pleads guilty may receive a lighter sentence than they would if not requested; and thirdly a defendant may plead guilty to one charge in exchange for the prosecutor’s willingness to drop other charges that could be brought. There are three factors that will cause a prosecutor to decide on a plea bargain, they are the seriousness of the offense, the defendant’s criminal history, and how strong of a case the prosecutor has. Plea bargains serve interest to just about everyone that is involved. Plea bargaining serves the interest of all court’s

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Practical Benefits Of Plea Bargaining

93 Words | 1 Pages

Because of the practical benefits of plea bargaining, it is doubtful it will be eliminated anytime soon. It helps the Court and State to manage the caseloads (Worrall & Moore, 2014). It reduces the work load of the prosecutors enabling them to prepare for gravest case by leaving the effortless and petty offences to settle through plea bargaining. It is also a factor in reforming the offender by accepting the responsibility for their actions and by submitting them voluntarily before law, without having an expensive and time consuming trial (Worrall & Moore,

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Convictions In Criminal Cases

184 Words | 1 Pages

Many people hear and read about criminal trails but the reality is “97 percent of convictions in federal courts were the results of guilty pleas” (Liptak). Liptak explains how criminal justice system is not made up of trials “criminal justice today is for the most part a system of pleas, not a system of trials” (Liptak). Defendants rather negotiate plea bargains instead of fighting their case. In order to get a plea you must make an agreement between the defendant and prosecuting attorney. These agreements reduce the number of trials and help lawyers focus on other cases.

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Herbert Packer's The Limits Of The Criminal Sanctions

339 Words | 2 Pages

“ In this control model , the control of criminal behavior is by far the most important function of criminal justice.” (Bohm, Hailey, 2012,p.16.). Defendants are presumed to be guilty upon their arrest and resolving their cases is a major point in this model. Plea deals are used to alleviate the overcrowding in the criminal justice

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John Burke Case Study

1567 Words | 7 Pages

For the Application of the Criminal Justice System project of the Criminal Justice course, I chose the arrest of John Burke. This case is about the arrest and sentencing of John Burke who had shot and killed Joseph Ronan. Twenty-five year old John Burke agreed to meet with 22 year old Joseph Ronan at Ronans home, in Reading, Massachusetts on Monday, August 15, 2011 around 1pm, with the intent of purchasing Percocet pills. (Boston.com, 2013) However, shortly after entering Ronans home, Burke opened fire (News, 2011), and after shooting Joseph Ronan several times, with the belief that Ronan was involved in a robbery at Burkes apartment in April 2011 (Boston.com, 2013), fled the home.

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Pros And Cons Of The Death Penalty

1313 Words | 6 Pages

The criminal justice system inflicts pain on the convicted by taking their property, liberty, and/or life (Dressler 11). The steps they take before punishment include finding out who is accountable for the crime, what punishment to choose, and they make sure the crime fits the punishment. This knowledge concludes that not only is the

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1414 Words | 6 Pages

“Criminal defendants who are facing the death penalty — which today must be pleaded by prosecutors up front — often want to make a deal by pleading guilty to first degree murder in exchange for a sentencing recommendation of life without parole. The existence of the death penalty as a possible sentence leads to guilty pleas that save the money spent on trials and limit the opportunity for appeals” (Evnen,

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Essay On Jury Duty

1238 Words | 5 Pages

Prior to this assignment, I had once been to a courthouse; when I was called to serve for Jury Duty. Although I was not very excited about this, upon my arrival at the courthouse, I quickly to changed my perspective and was proud to be an American Citizen and be able to see my rights and have a voice in a case. Unfortunately, my luck did not go too far as I did not have to serve on the trial that day. Since then, I have been wondering what it truly is like to be sitting in a courtroom either as part of the jury or simply for observation. While in Boston, it was challenging for me to find a few hours during the week to go to court with my extremely busy schedule.

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