Additionally, we could, impose the same sentences for those who plea out and those who go to trial, however, this would certainly result in many more trials and longer prosecution times, which might also violate the right of an accused to a speedy trial. It assumes that officers will oppose plea bargaining in the hopes of getting the maximum punishment possible, even though officers may actually have their own interests in securing a guilty plea.
Is not the purpose of our criminal justice system in fact to ensure that everyone has a fair trial in front of his peers. In our less than perfect world, plea bargaining is easily the lesser of the evils. Some of the most harassing police conduct occurs when officers act knowing full well—but not caring—that the illegal stop, search, seizure, or use of force will scuttle any future court case.
The people who are receiving these plea bargains are just looking for an easy way out and the government is looking to save a few bucks. Abolishing plea bargaining in this country would be a mistake with potentially disastrous consequences. He stated that plea bargaining is when a person admits to his crime and therefore is rewarded with a lighter sentence.
In still other jurisdictions, no formal policy exists regarding police influence, so prosecutors and police officers consult in an ad hoc manner about pleas.
The topic of this Essay implicates both the plea-bargaining literature and the literature on the conflicts within the prosecution team. Americans have always emphasized getting a job done.
A supplication deal is an understanding in a condemnable instance where a prosecuting officer and a suspect arrange to stop the instance against the suspect before it goes to a justice or jury test. Those indicted for first degree murder who accept plea bargains often receive the same or similar sentence as they would have received if they were convicted by a jury the main difference being that seeking death penalty is often dropped.
Sean Smoot, an Illinois union official, gave the example of a group of sex-crime investigators who complained to the union about a prosecutor who was always pleading cases out to the less serious charge of simple battery.
Yes, in many cases the prosecution has a strong case. According to interviews conducted for this Essay, personal relationships between prosecutors and police officers matter immensely in considering whether plea consultations will occur.
And in still other instances. Sometimes, a client will go to trial and be found Court Issues words - 6 pages victim, the opportunity to decline speedy trial for the offender would allow the criminal justice system to have more justifiable sentences.
They have this influence because they are virtually the sole source of information. Some attorneys and judges had been debating that plea bargaining has encouraged attorneys not to take the time to properly prepare their cases and for the police not to conduct proper investigations.
For judges, one huge advantage they can get from plea bargaining is that they can avoid the need to schedule and hold trials on dockets that are already overcrowded. Each of us is qualified to a high level in our area of expertise, and we can write you a fully researched, fully referenced complete original answer to your essay question.
If you need a custom term paper on Law: Prosecutors in Charlotte hold a roundtable discussion in every homicide case to decide on what plea, if any, to offer. The free Criminology research paper (Criminology - Thoughts On Plea Bargaining essay) presented on this page should not be viewed as a sample of our on-line writing service.
If you need fresh and competent research / writing on Criminology, use the professional writing service offered by our company. The Plea Bargain Controversy. In this week’s discussion, you will post on the issue of why the plea bargain creates such controversy for police and civil libertarians.
the plea bargaining controversy comes was smaller, but not eliminated. 23 The authors suggested that charge severity and type of offense influenced the decision to. Plea bargaining refers to a situation where the prosecutor and the defendant come to an agreement whereby the defendant pleads guilty to a case so that he or she can be given a.
Plea Bargain Essay Brittany Rulli According to Timothy Sandefur’s In Defense of Plea Bargaining article, “a plea bargain is a contract with the state. The defense agrees to plead guilty to a lesser crime and receive a lesser sentence, rather than go to trial on a more severe charge where he faces the possibility of a harsher sentence.”.
abstract. Police officers play an important, though little-understood, role in plea bargaining. This Essay examines the many ways in which prosecutors and police officers consult, collaborate, and clash with each other over plea bargaining.Plea bargain essay