Plea Bargain
The objective of this study is to answer as to whether justice is served when a defendant is allowed to plea-bargain his or her case in court and why. This process is such that the prosecutor enables the defendant to plead guilty to a charge that is lesser than the original charge with less maximum sentence than the original charge.
There are many various factors that determine whether each case will be eligible for a plea bargain. This involves both sides of the case weighing the strength of their case and whether going to trial would be an effective resolution to the case. Another factor that determines whether a plea bargain might be satisfactory is the public push for prosecuting the case to the full extent of the law. The defense attorney gives consideration to the desire of the individual defendant to go to trail and the seriousness of the…...
mlaWorks Cited
The Pros and Cons of Plea Bargaining (2013) LawInfo. Retrieved from: http://resources.lawinfo.com/en/articles/plea-bargaining-and-deals/federal/the-pros-and-cons-of-plea-bargaining.html
Blankenship, G. (2003) Debating the Pros and Cons of Plea Bargaining. The Florida Bar News. 15 Jul 2003. Retrieved from: http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/Articles/6F11A9B117DAFB2185256D5F004C4985
Exodus 21: 24 (2013) Bible Hub. Retrieved from: http://biblehub.com/exodus/21-25.htm
Very often, plea bargains allow the defendant to agree to perform some socially beneficial tasks for the purpose of deterring similar crimes which are more beneficial to society than traditional incarceration. For example, those charged with littering might agree to clean up highways while wearing signs publicizing the embarrassing consequences of littering or those charged with petty thefts like shoplifting wearing signs identifying their crimes publicly in lieu of ninety-day jail sentences. In other instances, plea bargains in which defendants agree to conditions including reimbursing victims of their crimes also serve more social utility than imposing a term of incarceration without any restitution to the victims.
Besides the issues of cost savings associated with plea bargains in lieu of trial, incarceration itself is tremendously expensive to administrate.
Furthermore, in some cases, defendants convicted of relatively non-serious crimes could be seriously harmed by incarceration alongside dangerous criminals.
The Problems with Plea Bargains:
The principal problem…...
Plea Bargains
From a gut level reaction, emotions start to boil whenever a show like this is aired. Questions about how the greatest country in the world can have such obvious flaws in a justice system that has been the envy of the worldwide legal community start to surface. Additionally, heartstrings are tugged, citizens are moved to make demands, and groups involved. What a great country we have! The next reaction felt however is to ask if this is really a story.
A recent report confirmed that "criminal cases rarely go to trial, because about 95% are resolved by plea bargains" (Lynch, 2011, p. 68). Contemplating such a large percentage of cases that never see the inside of a courtroom is mind boggling to say the least. Watching The Plea, one would likely start to wonder what percentage of the number of cases resolved by plea bargains actually result in misapplications of…...
mlaReferences
Lynch, T.; (2011) The devil's bargain, Reason, Vol. 43, Issue 3, pp. 68 -- 69
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 (How Courts Work | Public Education). The Plea-Bargaining process involves pleading guilty by a defendant to a lesser charge. It may also involve pleading guilty to only one or all of the charges leveled; with the prosecuting attorney pleading for or recommending leniency in the sentences. It should be noted that the judge is not bound by the recommendation for leniency by the prosecution. Some plea bargains are approved by courts while others are not.
Sentence Bargaining and Charge Bargaining
In sentence…...
mlaReferences
American Bar Association. How Courts Work | Public Education. (n.d.). Retrieved January 4, 2017, from http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/pleabargaining.html
Liberal Arts Outreach. (n.d.). The Crime Control Model -- Introduction to Criminal Justice. Retrieved January 4, 2017, from http://elearning.la.psu.edu/crim/100/lesson-1/the-crime-control-model
OccupyTheory | Online magazine about issues related to the Occupy movement. (n.d.). Advantages and Disadvantages of Plea Bargaining | OccupyTheory. Retrieved January 4, 2017, from http://occupytheory.org/advantages-and-disadvantages-of-plea-bargaining/
Schwartzbach. (n.d.). Lawyers, Legal Forms, Law Books & Software, Free Legal Information - Nolo.com. What are the different kinds of plea bargaining? | Nolo.com. Retrieved January 4, 2017, from http://www.nolo.com/legal-encyclopedia/what-the-different-kinds-plea-bargains.html
Diverse Policing
Criminal Profiling
While this opinion might be considered unpopular, the reality is that these repetitive stops are reasonable. These repetitive stops represent a phenomenon known as criminal profiling. Criminal profiling is done simply because it does catch criminals. For example, criminal profiling was precisely what helped police investigators catch a criminal known as George Metesky, a bomber who had eluded the police for over 15 years. The frustrated police force asked investigator James Brussel (the assistant commissioner of mental hygiene) to come up with a detail description of the subject based on crime scene photos, notes, and other details provided. Brussel came up with the following description of the subject: "He would be unmarried, foreign, self-educated, in his 50s, living in Connecticut, paranoid and with a vendetta against Con Edison -- the first bomb had targeted the power company's 67th street headquarters" (Winerman, 2004). As experts do admit, some of…...
mlaReferences
Belkin, L. (1990, March 20). Airport Drug Efforts Snaring Innocents Who Fit 'Profiles'. Retrieved from NYTimes.com: http://www.nytimes.com/1990/03/20/us/airport-drug-efforts-snaring-innocents-who-fit-profiles.html?pagewanted=all&src=pm
Bruce, B. (2012, April 17). Muslim Woman Forced To Remove Headscarf In Jail. Retrieved from Fox2now.com: http://fox2now.com/2012/04/17/muslim-woman-forced-to-remove-headscarf-in-jail/
Debatewise.org. (2013). The Police Should Use Racial Profiling To Tackle The Problems Of Illegal Immigration. Retrieved from Debatewise.org: http://debatewise.org/debates/2242-the-police-should-use-racial-profiling-to-tackle-the-problems-of-illegal-immigration/
Goyette, B. (2010, October 7). Racial Profiling Is Ineffective and Wrong, So Why Does It Keep Happening? Retrieved from genprogress.org: http://genprogress.org/voices/2010/10/07/15828/racial-profiling-is-ineffective-and-wrong-so-why-does-it-keep-happenin/
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 effort to make sure that all parties responsible for the crime are properly prosecuted and that such prosecution is conducted fairly (Graham, 2005). The fact that the defendants apparently used a gun in the commission of the crime presents the prosecutor with a considerable problem relative to any plea bargain. If the defendants are charged with a gun specification, the prosecutor must determine whether or not to drop such specification as part of the plea negotiation. In light of the…...
mlaReferences
Bibas, S. (2004). Plea Bargaining Outside the Shadow of Trial. Harvard Law Review, 2463-2547.
Graham, B.L. (2005). Prosecutorial Ethics and Victim's Rights: The Prosecutor's Duty of Neutrality. Lewis & Clark Law Review, 559-579.
O'Hear, M.M. (2008). Plea Bargaining and Procedural Justice. Georgia Law Review, 407- 469.
Smith, A. (2003). The Difference in Criminal Defense and the Difference it Makes. Washington University Journal of Law & Policy, 83-140.
Letting the Big Ones Get Away
One of the most common tools that is used by prosecutors is the plea bargain. This is when the defendant will plead guilty to a lesser crime in exchange for immunity or reduce charges. In nearly all court cases, prosecutors are willing to make some kind of plea deal. The reason why, is they believe that this will save time, reduce costs and it will serve justice. However, like with any kind of deal, the focus of the prosecution will be focused on a single person or group of individuals. As this information will more than likely be used to solidify the government's case against the defendant. ("Bargaining Justice," 2012)
The situation involving the known drug kingpin and his girlfriend is problematic. This is because the drug kingpin has been known for successfully avoiding prosecution in the past. The main reason is from the government, not…...
mlaReferences
Bargaining Justice. (2012). St. Louis Today. Retrieved from: http://www.stltoday.com/suburban-journals/illinois/bargaining-justice-the-impact-of-plea-deals/article_a8bf0604-01ef-57fe-ac6d-07c53c6f1ddb.html
Plea Bargain. (2012). Cornell University Law School. Retrieved from: http://www.law.cornell.edu/wex/plea_bargain
Larson, A. (2000). How Plea Bargaining Works. Expert Law. Retrieved from: http://www.expertlaw.com/library/criminal/plea_bargains.html
Rhodes, W. (1979). Plea Bargaining. The Journal of Criminal Law 70 (3), 360 -- 375.
Criminal Cases and Their esolutions
Discuss one (1) real-life criminal case, taken from current events, and identify the court that took jurisdiction. Explain why the court that took the case was the appropriate one for the particular circumstances. (Jodie Arias)
The Jodi Arias case is being tried in Maricopa County by the Maricopa Superior Court. The reason why that court took jurisdiction is because the crime was allegedly committed in Mesa Arizona. Mesa is located in Maricopa County. Part of the reason that the court was tried by the Superior Court was connected to the fact that the Arias was charged with murder in the first and because the state sought the death penalty. Thus, the stakes are high enough to warrant the use of the superior court. "The case has not yet been sent to the jury for their determination on whether Petitioner is not guilty or guilty of first degree…...
mlaReferences
Doward, J. (2005). 'My home is now my prison cell'. Retrieved from thguardian.com: http://www.theguardian.com/media/2005/feb/20/broadcasting.childrensservices
Newcomb, A. (2013, Jan 27). Former Ms. Washington Takes Plea Bargain in Murder Case. Retrieved from abcnews.go.com: http://abcnews.go.com/blogs/headlines/2013/01/former-ms-washington-takes-plea-bargain-in-murder-case/
Nurmi, L. (2012). APPLICATION FOR INTERLOCUTORY STAY OF AGGRAVATION TRIAL . Retrieved from abc15.com: http://media2.abc15.com/html/pdf/Stay.pdf
Palta, R. (2012, June 13). Researchers say plea bargains actually send innocent defendants to jail. Retrieved from scpr.org: http://www.scpr.org/blogs/news/2012/06/13/6603/plea-bargainings-innocence-problem/
Police
In this scenario of what may be an instance of domestic violence, the officer has the option of simply talking to the couple, determining what is wrong and issuing a warning-or pressing charges against both or one of the participants for disorderly conduct. The police officer can simply use his or her presence to influence the couple's behavior or can use the actual weight of the law. The officer will have to use his or her perceptions of the relationship between the couple as well as the information the couple offers. As part of assessment, the officer should speak to both members of the couple separately to determine if one or more of the participants is at risk of suffering further physical violence. The officer should also determine if alcohol or drugs are potentially involved, which can affect the participants' judgment. It should be noted that merely because the couple…...
mlaReferences
Gracia, E. (2004). Unreported cases of domestic violence against women: towards an epidemiology of social silence, tolerance, and inhibition Journal of Epidemiology and Community Health, 58:536-537. Retrieved from:
http://jech.bmj.com/content/58/7/536.full
Imposition of a sentence. (2014). Cornell University Law School. Retrieved from:
Corrections/Police
Victims and the Prosecutor
The popular debate about the proper place of victims in criminal justice decision-making tends to be embedded in terms of balance. One side of the debate says that victims of crime should take an active role in plea bargain negotiations while the other side feels that victims should not be able to influence a prosecutor's decision making. Victim participation is currently incorporated at sentencing due to the fact that sentencing is a discrete, public proceeding in which the judge makes a decision that is based on preset criteria and characteristically justified with some specificity. Victim participation is not so readily included into plea negotiations since such negotiations are typically private, unplanned interactions in which the prosecutor makes decisions with no public explanation based on criteria that are frequently unarticulated (O'Hear, 2007).
Proponents of victims being involved in plea negotiations feel that such a practice is not favorable to…...
mlaReferences
Inviting Victim Participation in Plea Agreements. (2005).
http://www.crimevictimsinstitute.org/documents/no22005.pdf
O'Hear, M.M. (2007). Plea Bargaining and Victims: From Consultation to Guidelines.
Marquette Law Review, 91(1), 323-347.
Criminal Trials and Sentencing
Pre-Trial Process
Post Arrest
In a 2010 report, it is stated that Courtney Elizabeth Hernandez, of Killeen, Texas, was charged with the kidnapping of a 2-1/2-year-old girl. The Defendant was given permission by the mother of the child, who was stationed at Fort Hood as a soldier in the United States Army, to take the child camping. The child's mother contacted the defendant on the 5th of July 2010 to pick the child up. Hernandez promised to deliver the child but did not deliver the child home. The child was never returned home and the Defendant was charged with kidnapping. The Defendant was arraigned for kidnapping with her lawyer present in the Criminal Court. The prosecutor was also present for this hearing.
Pre-Trial
The Defendant's attorney filed a motion for discovery as well as a trial to set aside evidence on the basis that the evidence was not lawfully gained. The…...
mlaBibliography
Addison Fowler -- 2 yo -- Killeen TX (2010) Justice for Caylee. Retrieved from: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&ved=0CEgQFjAC&url=http%3A%2F%2Fwww.justice4caylee.org%2Ft7408-addison-fowler-2-yo-killeen-tx&ei=lasIUaT6IqWVjALL1oCgCQ&usg=AFQjCNFx6VwCXhKT0HSY6V_sX9YUqk02Zw&bvm=bv.41642243,d.cGE
Killeen Woman Sentenced to Federal Prison in Kidnapping Case (2010) U.S. Attorney's Office. Federal Bureau of Investigation. 10 Jul 2010. Retrieved from: http://www.fbi.gov/sanantonio/press-releases/2010/sa122010.htm
Define the Problem
The defined and existing problem is going to vary in scope and definition depending on who is doing the defining. However, there are some clear and obvious problems with the “three strikes” law. The policy itself was meant to address a problem. However, that policy has created a new set of problems. Indeed, there are situations where three-time violent felons are justifiably put away for twenty-five years to life. However, the major problem with the policy are the human and budgetary costs that are created by people being thrown in jail for life for minor offenses (“Ewing v. California”, 2017). There is also the concern that some people are being thrown in jail even though they will soon “age out” of criminal behavior. Indeed, men in their 60’s are not able to crawl through windows, run and jump fences like someone in their 20’s or 30’s (Besemer, Ahmad,…...
I would not ask for jail time because I don't feel it would serve any beneficial purpose in this case since the Defendant is not a danger to society.
If the defense counsel indicated that they were interested in entering into a plea bargain, I would most definitely be open to the suggestion. The minimal plea I would be willing to accept would be a suspended sentence with probation. Under such an agreement the Defendant would be found guilty of the charge and sentenced to pay a certain amount in fines. However, the Defendant will not have to pay this fine so long she stays out of criminal trouble. I feel this offer is a positive resolution to this matter because it essentially empowers the Defendant and makes them responsible for their punishment.
As indicated by my potential approaches to this matter, from both a defense and prosecutor's side, it is…...
Trash covers represent an excellent technique in the investigation of terrorist organizations. Begin by listing those items that might typically be found in your discarded trash that would provide details regarding you personally; your interests, lifestyle, associates, family, business, income, debts etc. Be honest and be thorough in your response. Follow your response by listing items that investigators might be interested in locating in the trash of suspect terrorists and follow with a discussion of how such items could be used to benefit the investigation.
Items that might typically be found in my discarded trash that would provide details regarding me personally are my cell phone statements, my bank account statements, discarded product packaging, receipts, medical bills, envelopes, defunct art supplies, sketches and discarded snippets of poems or stories.
Likewise, in the case of a suspected terrorist, investigators would essentially be interested in most, if not all of the things I've listed…...
mlaWorks Cited
Abadie, Alberto. (2006). Poverty, Political Freedom, and the Roots of Terrorism. The American
Economic Review, 96(2), 50-56. Retrieved from http://www.jstor.org/stable/30034613
Barkun, Michael. (1997). Religion and the Racist Right: the Origins of the Christian Identity
Movement. The University of North Carolina Press.
Punishment: Too Much or Not Enough
The purpose of the punitive measures effected by the criminal justice system has changed over time, especially as that system operates in America. There are several ideological stances to consider in regards to such punishment, which largely incorporate criminal, sociological, and moral viewpoints. The ebbing and swaying of various tenets espoused at different times and with varying popularity have largely resulted in today's criminal justice system in which punishment is largely viewed as a means of retribution. As such, punishment levied upon those convicted of criminal offenses is decidedly lengthy, resulting in a climate in which there appears to be a surfeit of punishment resulting in a system in which authors argue that "we are indeed ill" (ose, no date, p. 978). Certain other factors intrinsically related to the criminal justice system, such as the imminence of plea bargaining and the lucrative business of building…...
mlaReferences
Banks, C. (2012). Criminal Justice Ethics. New York: Sage Publications.
Dzur, A.W. (2012). Punishment, Participatory Democracy, and the Jury. New York: Oxford Press.
Miller, D.W. (2010). The drain of public prison systems and the role of privatization: a case study of state correctional systems. www.csa.com. Retrieved from http://www.csa.com/discoveryguides/prisons/review.php
Rose, M. (No date). Book reviews. Law & Society Review.
Sure! Here are some thought-provoking essay topics on due process:
1. The balance between protecting individual rights and ensuring public safety in the context of due process.
2. The role of technology in enhancing or compromising due process rights, such as surveillance and data collection.
3. The impact of systemic bias and discrimination on the fair application of due process in the criminal justice system.
4. The evolving interpretation of due process rights in response to contemporary social and political challenges, such as terrorism or cybercrime.
5. The intersection of due process with other fundamental rights, such as freedom of speech and assembly, in the....
Essay Topics on Financial Fraud
1. The Role of Internal Controls in Preventing and Detecting Financial Fraud
Analyze the key components of an effective internal control system.
Discuss how internal controls can help prevent fraud, including segregation of duties, access restrictions, and independent audits.
Examine the challenges in implementing and maintaining robust internal controls, especially in complex organizations.
2. The Impact of Fraud on Corporate Reputation and Shareholder Value
Explain how financial fraud can damage a company's reputation and investor confidence.
Quantify the financial losses and operational disruption caused by fraud.
Analyze case studies of companies that have been affected by financial....
1. The impact of social class on access to legal representation and advocacy in the criminal justice system
2. The role of socioeconomic status in determining the quality of legal services available to individuals
3. Inequality in access to justice for low-income versus high-income individuals in civil cases
4. The effects of wealth and social class on the likelihood of receiving fair treatment in the legal system
5. The disparities in legal outcomes based on social class and economic status
6. The relationship between social class and barriers to justice, such as court fees, bail amounts, and legal representation costs
7. The intersection of race, social....
1. Evaluating the Effectiveness of Restorative Justice Practices
Explore the implementation and outcomes of restorative justice programs in reducing recidivism, fostering victim-offender reconciliation, and promoting community healing.
2. The Impact of Implicit Bias on Sentencing Disparities
Investigate the role of unconscious biases in sentencing decisions, examining the extent to which race, gender, or other factors influence the severity of punishments.
3. The Role of Community Policing in Reducing Crime and Building Trust
Analyze the effectiveness of community policing strategies in fostering trust between law enforcement and the communities they serve, and its impact on crime prevention and community well-being.
4. The Use of....
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