¶ … history plea bargaining? When ? 2. What recent statistics plea bargaining U.S. ( current year)? What
Bargaining With Pleas
The history of plea bargaining can be traced back to the end of the colonial era in the United States. Plea bargaining was known to exist in this country since at least 1780, a fact that is corroborated by author George Fisher. Fisher dedicated a significant amount of research to the history of this legal device in the court systems of Middleton, Massachusetts (McCoy, 2003). Initially, plea bargaining was used as a way to convict criminals of victimless crimes, the best example of which was the illegal sale of alcohol. A crucial component to the early use of plea bargaining was the fact that there were a bevy of mandatory sentencing laws, much like there are federal minimum mandatory sentencing laws for narcotics related offense today (McCoy, 2003). Those convicted of such a victimless offense on multiple accounts could readily cop a plea in which they would be guilty of just one offense, and submit to the mandatory punishment (which was typically a fine).
The fact that there were mandatory sentences that aided the development of some of the earliest plea bargains is immensely significant, because it allowed for prosecutors to make explicit plea bargains. Later on during the middle of the 19th century plea bargains became implicit due to a lack of mandatory sentencing, which did little to deter the use of plea bargains which were initially used in order to reduce economic...
" 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.
" (the Sentencing Project, 2000; p.51) in the sentencing phase of a case, it may be necessary for defense attorneys to "utilize sentencing advocates who can develop sentencing proposals for the court in felony cases and jointly challenge unwarranted disparities at sentencing." (the Sentencing Project, 2000; p.52) Also listed as issues that the Bar and Criminal Defense Attorney Associations could focus upon are: (1) the development and implementation of standards
For those adults and children that admit guilt both systems offer procedures that safeguard and protect their rights ( LaMance, 2011). There are also differences between the two systems these include; the underlying rationales of the juvenile system are that the youth are different in terms of development from adults and hence their behavior is malleable hence rehabilitation, treatment in addition to community protection are considered the primary and viable
instant case are typical of many criminal cases presented to the courts on a daily basis and the role and responsibilities of the principals remain essentially the same. The prosecutor in the case has the primary duty to ensure that justice is done. This duty applies not only to the victim, but also applies as to the defendant. In the instant case this requires that the prosecutor make every
Constitutional Violations Two types of remedies that protect citizens against governmental wrong doing and ensure the projections of the Constitution are the Exclusionary Rule and Defense against Entrapment. The Exclusionary Rule means that any evidence that is illegally obtained (without probable cause, etc.) must not be used when prosecuting defendant. The idea is that any issue, statement or evidence illegally obtained is "fruit of the poisoned" tree and denies Constitutional protections.
Crime Control/Procedures The term "play in the joints" refers to flexibility within the law that allows for a certain amount of discretion to occur within the prosecution and judge. Even though there is discretion within the manner in which the Judge may interpret sentencing, procedure and rulings, there are still formal rules of law that provide for a basis for upholding the Constitution. In a given situation, for example, the Judge
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