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Plea Bargain Research Paper

1308 Words6 Pages

Marcus J. Paulus
2/14/2018
Plea Paper Plea Paper The plea bargain is necessary part of our justice system. This is because of the vast number of cases our justice system has to deal with each year it would be almost impossible to take all these cases to court each year. Plea bargains give people the chance to reduced there sentence by admitting they committed the crime or a less crime in order for the prosecutor to get a guilty verdict. The plea bargain process is supposed to be introduced to the discussion but they prosecutor and not the defendant. 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 …show more content…

They are encouraged to use this because it speeds up the process and is easier for everyone than going to court. For the prosecutors they only have to convince the defendant that with will be found guilty if the go to court regardless if they defendant actually committed the crime. If you had not committed a crime and was told if you did not take the plea of admitting the crime and going to prison for five years or risking going to trial when you were just told it didn't matter if you did the crime or not because they will convince the jury that you did and you will go to prison for thirty plus years you will choose five every time. With the defense attorneys they just have to lower the sentence that there client will get and the “won” the case they don’t have to go to trial and do all the extra work it takes to prepare. The judges benefit also since they don't have to sit through trails they just agree the plea is good for the crime that they committed or not. Since everyone benefits for a plea bargain if the defendant is innocent or guilty the defendant is left to survive on their own if they don't have a great defense attorney that will do what's best and not what's …show more content…

This way the defendant and their attorney would be able to see if they actually have enough evidence to win the case in court. This would element most of the innocent people pleading guilty out of fear of long prison sentences like what Mr. Gampero did. The second thing I would change is that if the Judges or prosecutors make treats to put someone in prison for a long period of time if they do not take the plea then the case must be thrown out of be tried by a different jurisdiction. Like what happened with the OC snitch

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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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Prosecutors have the power to send offenders away which allows them to make harsh decisions. They offer plea bargains to offenders which often will enable them to do time in prison. Pfaff stated that "as long as prosecutors simply use the tough laws as a bargaining chip, not real punishment, legislators can reap the political benefits of looking tough on crime while avoiding difficult financial decisions" (Pfaff, 2017, P136). Prosecutors offer a plea bargain to get rid of cases quickly and not allow offenders to go to trial because they might receive more prison

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A plea bargain is an agreement between the prosecutor and the defendant in a criminal case. The prosecutor gives the defendant the opportunity to plead guilty to a lesser charge or to the original charge with less than the maximum sentence. For example, the prosecution and the defense may agree to a misdemeanor charge instead of a felony charge or the parties may agree to a sentence of 12 years instead of 20 years if the recommended sentence for that crime is 10-20 years imprisonment.

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This system is meant to empower victims since their actions are not taken seriously in a court of law and form a procedure for repartitions without any lawyers (Hyde & Quest, 2012, page 293). The victim meets with her offender and they have an extensive counseling session. This technique may see unorthodox but it holds the defendant responsible for his actions and could be therapeutic. Another conflict of this case was that Brock Turner not only spent a short amount of time paying for his crime but he never took ownership.

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The U.S. criminal justice system should not be allowed to used jailhouse snitches or informants, because this is at a disadvantage to defendants. This practice should not be eligible to be used for all types of crimes. To see justice done in any country, one must make sure that everyone gets a fair and impartial trial out of the system. If we disagree with prosecutors using snitches, then defense attorneys will be held up to the standards as well. If the defendant is innocent, defense attorneys need not to be worry to pay for testimony from jail inmates.

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• The Constitution is weakened by the excessive use of plea-bargaining to avoid a trial. Research has shown that criminal defendants who exercise their Sixth Amendment right to trail by jury are more severely punished than those who accept plea bargains (Devers, 2011, p. 2). It is assumed that plea-bargaining weakens the criminal justice system by allowing violent criminals to plea out of serious charges and putting the disadvantaged and potentially innocent or partially innocent in a position where exercising their constitutional right to a trial by jury is too risky of an option. Prosecutors are required by the state to carry the burden and prosecute the accused.

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Topic 1: Explain how discretion is used in the court system • What power over the plea-bargaining process does the prosecutor have? What power over the plea bargain does the defense attorney have? How does the judge's discretion come into play? The prosecutor is the only member of the courtroom who has the option of offering a plea bargain to the defendant or refusing to offer a plea bargain.

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When the jury trial process is replaced with plea negotiations, we lose trust and reliability in the system. When we give efficiency that the plea bargain has provided power, it comes at a substantial cost. People who are indeed innocent of the crimes they were convicted have now been influenced into pleading guilty for the sake of efficiency. Not to mention the collateral consequences that accompany a person when they plead out. It also undermines the reliability of convictions in general (Gilchrist, 2011).

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People plead guilty for crimes that are not committed by them to avoid trial, but by doing so the right decision wasn’t made.

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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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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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For those in prison, those who snitch saying the defendant confessed, testifying can be a bargaining chip; the state will often reduce sentence time or

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Often, a conviction of a certain crime will cost the defendant their career, certifications, and family, so allowing them to take a plea bargain will avoid losing what is important to them. The majority will learn from their mistake and never repeat the offense again. Some will not learn from their mistake or second chance and become repeat offenders. The repeat offenders will then sustain harsher punishment and a plea bargain is usually off of the table.

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Plea bargains are important in the Criminal Justice system because most court cases are resolved

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Since the courts are backlogged and many public defenders and judges being overworked, this causes plea bargaining to be used repeatedly. According to Walker et al. (2018), plea bargaining leaves many people no option but to plea guilty even when this is not their best option. This is due to a multitude of reasons but mainly to receive a lesser charge. For example, a felony and little time in jail may be better than risking multiple felonies and an excessive amount of time in jail.

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