The dilemma grows out of the central reality of criminal adjudication in the United States. The vast majority of criminal cases are resolved through guilty pleas rather than trials. Most of those guilty pleas result from negotiations between prosecution and defense" (p. 29).
Straw Man.
According to Walton (2004), "The straw man fallacy is committed when the proponent's argument is based on premises that do not represent the commitments of the other party in the dispute, and where his argument used a distorted version of these commitments to try to refute the other party" (p. 25). The straw man fallacy represents a common technique that is used to divert attention away from the actual issues involve to irrelevant or even imaginary ones that can be impossible to defend against. In this regard, according to Walton (2004), "Straw man, as a fallacy, is defined as misrepresentation of an arguer's position. When an opponent's position is distorted or exaggerated in a straw man argument, the effect is often to divert the line of argument to irrelevant issues. So the straw man argument, as typically used, involves an aspect of irrelevance.... Straw man is getting your opponent's position wrong and then refuting that wrongly attributed position" (Walton, 2004, pp. 22-4).
Some organizational uses of the straw man fallacy can be found among physical education professionals and the scientific community when assertions as to race accounting for superior performance are made. For example, Entine (2001) points out that, "Some race realists seduce themselves into believing that they are being intellectually honest in pointing out the 'natural' advantages of certain 'races,' but they reach beyond limited data to speculative and sweeping conclusions. The consequences of such disingenuousness are serious and mounting" (p. 294). The casual observer might ask what damage was possibly being done by such assertions, but Entire emphasizes that the effects can be profound. Citing the example of a scientist at a prominent national conference, Entine reports that he "declared that there is no 'running gene,' as if that somehow resolved the debate over the causes of black domination of running. Such bluster is a classic straw man. No scientist...
Plea Bargaining Pleading for Justice Plea bargaining by its very nature implies negotiation, which in turn means that two or more parties are seeking to achieve specific goals with the cooperation of the other parties. In the absence of plea bargaining the parties would face each other in court as adversaries in front of a referee and their conduct and the trial's proceedings would be strictly controlled according to the law and
The ethical considerations have been addressed in the survey by the elements of the plea bargain provided to the individuals surveyed. Herzog's study shall serve as the model for the study proposed here. This study should serve anyone interested in understanding the public opinion and perceptions as they relate to plea bargaining. References (recommended) www.questia.com/PM.qst?a=o&d=5013705813 Bibas, S. (2005). White-Collar Plea Bargaining and Sentencing after Booker. William and Mary Law Review, 47(3), 721+.
" This means that, "It is an indictment of the criminal justice system, not plea bargaining itself" (Sandefur, 2003, p. 31). The Constitution incorporated the right to a trial into the process, and it does not necessarily entail that: the defendant needs to know his rights in waiving them or hiring a legal counsel to help. Sandefur finally stated that, "Plea bargaining is not perfect, but its problems are procedures
Plea Bargaining Many criminal cases are often resolved out of court through agreement between the aggrieved party and the offender. The process of achieving such a settlement is referred to as Plea Bargain in law. It is a practice that is used in many jurisdictions to resolve cases. Either of the sides in the case may initiate the Plea bargain process. Both sides have to agree before such a process succeeds
Benefits From Plea Bargaining? Although the U.S. Constitution guarantees all defendants a trial by jury, individuals entering the criminal justice system today have about a one-in-twenty chance of actually undergoing a trial, with the rest of the cases being plea bargained away. While this approach facilitates the disposition of cases in already overbooked courtrooms, plea bargaining has been the source of a growing amount of criticism as a result of
" However, in 1852, the Massachusetts legislature removed the prosecution's power to nol pros without the judge's consent. This eliminated the prosecution's key leverage over defendants in liquor cases: the power to charge and then drop some charges in exchange for a plea. Sure enough, the number of clear plea bargains dropped dramatically, and the number of trials increased concomitantly (Fisher, 2003)." BENEFITS There are numerous benefits to using the plea bargain system.
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