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 judicial precedence. In contrast, plea bargaining allows the parties to be more creative when seeking their goals, but without the trappings and constitutional safety nets that a trial provides (Bowers, 2007). Plea bargaining is therefore a less formal legal proceeding that nevertheless determines the fate of the accused with respect to criminal convictions, sentencing, and fines.

The parties with a vested interest in the outcome of a criminal plea bargain are the police, accused, prosecutor, judge, and hopefully a defense attorney…...

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References

Bowers, Josh. (2007). Grassroots plea bargaining. Marquette Law Review, 91, 85-121.

Fisher, Talia. (2007). The boundaries of plea bargaining: Negotiating the standard of proof. Journal of Criminal Law and Criminology, 97(4), 943-108.

Gray, David, Cooper, Meagan, and McAloon, David. (2012). The Supreme Court's contemporary Silver Platter Doctrine. Texas Law Review, 91(1), 7-47.

Kassin, Saul M. (2012, Apr. 30). Why confessions trump innocence. American Psychologist, 1-15.

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.

eferences (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 eview, 47(3), 721+. etrieved October 6, 2007, from Questia database: http://www.questia.com/PM.qst?a=o&d=5013705813 www.questia.com/PM.qst?a=o&d=5015688864

Brown, M.P., & Bunnell, S.E. (2006). Negotiating Justice: Prosecutorial Perspectives on Federal Plea Bargaining in the District of Columbia. American Criminal Law eview, 43(3), 1063+. etrieved October 6, 2007, from Questia database: http://www.questia.com/PM.qst?a=o&d=5015688864 www.questia.com/PM.qst?a=o&d=99126488

Champion, D.J. (1994). A Criminal Justice Sourcebook. Westport, CT: Greenwood Press. etrieved October 6, 2007, from Questia database: http://www.questia.com/PM.qst?a=o&d=99126490 www.questia.com/PM.qst?a=o&d=29300422

Champion, D.J., & Mays, G.L. (1991). Transferring Juveniles to Criminal Courts: Trends and Implications for Criminal Justice. Westport, CT: Praeger…...

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References www.questia.com/PM.qst?a=o&d=5008099318

Herzog, S. (2003). The Relationship between Public Perceptions of Crime Seriousness and Support for Plea-Bargaining Practices in Israel: A Factorial-Survey Approach. Journal of Criminal Law and Criminology, 94(1), 103+. Retrieved October 6, 2007, from Questia database:   www.questia.com/PM.qst?a=o&d=6961400http://www.questia.com/PM.qst?a=o&d=5008099318 

Roberts, J.V., & Stalans, L.J. (1997). Public Opinion, Crime, and Criminal Justice. Boulder, CO: Westview Press. Retrieved October 6, 2007, from Questia database:  http://www.questia.com/PM.qst?a=o&d=6961634

" 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 and not constitutional" (Sandefur, 2003, p. 31). This is important, because it is highlighting the different views on how the plea bargaining process works.
Methodology

In order to make significant changes in the process of plea agreements, Fisher (2007) suggests in his article The oundaries of Plea argaining: Negotiating the Standard of Proof that we need to reconstruct these procedures. This is based on: the arguments presented by legal scholars and the current condition of plea bargaining in the United States criminal…...

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Bibliography

Probability Sampling. (2006). Social Research. Retrieved from:  http://www.socialresearchmethods.net/kb/sampprob.htm 

Survey Design. (2007). Survey System. Retrieved from:  http://www.surveysystem.com/sdesign.htm 

Ackerman, T. (1992). A Review of Human Subjects. Ethics and Human Research, 14 (1), 1 -- 12.

Fisher, T. (2007). "The boundaries of plea bargaining: Negotiating the standard of proof." The Journal of Criminal Law & Criminology, Summer, 947, 1007.

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 its preemption of due process and the perception of the dilution of fines and penalties that are assessed criminals just to speed things up. To determine the facts, this paper provides a review of the relevant peer-reviewed and scholarly literature concerning plea bargaining to identify the arguments in support and against the practice, followed by a summary of the research and important findings concerning these issues in the conclusion.

eview and Discussion

The definition provided by Black's Law Dictionary (1990) states that…...

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References

Black's law dictionary. (1990). St. Paul, MN: West Publishing Co.

Dervan, L.E. & Edkins, V.A. (2013). The innocent defendant's dilemma: An innovative

empirical study of plea bargaining's innocence problem. The Journal of Criminal Law

and Criminology, 103(3), 1-49.

"
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 first and most important benefit from the standpoint of a prosecutor is the fact that it provides an automatic conviction. The prosecution does not have to worry about whether the evidence will hold up under the scrutiny of the system. They have to wonder if their witnesses will be believable during a traditional trial. In addition the prosecution is always at the mercy of the jury members. Jury members are human and subject to human emotion and error. A…...

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References

Sanderfur, Timothy (2003) In defense of plea bargaining: the practice is flawed, but not unconstitutional.(Law) of Gorr, Michael (2000) The Morality of Plea Bargaining.

Social Theory and Practice

Carney, David (1999) Waiver of the right to appeal sentencing in plea agreements with the federal government. William and Mary Law Review

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…...

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References

Langella, C. (2012). "U.S. supreme court places a check on plea bargains." Pace Law School. Retrieved from  http://pilr.blogs.law.pace.edu/2012/03/26/us-supreme-court-places-a-check-on-plea-bargains-2/ 

McCoy, C. (2003). "Plea bargaining's triumph: a history of plea bargaining in America." Law and Politics Book Review. Retrieved from  http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/Fisher1103.htm 

Totenberg, N. (2012). "High court expands defendants' plea bargain rights." www.npr.og. Retrieved from  http://www.npr.org/2012/03/21/149093334/high-court-throws-out-conviction-in-bad-lawyer-case 

Weil, D. (2012). "Widespread use of plea bargains plays major role in widespread incarceration." www.truth-out.org. Retrieved from  

3. Given what you know about the operations of the criminal courts, is it accurate to call the criminal justice process an "open system"? Why?

Yes, it is accurate to call the criminal justice process an open system. Criminal defendants have access to counsel, either private counsel or court-appointed counsel if a defendant is indigent, for every crucial part in the criminal justice process. In addition, the public has access to the criminal justice process; courtrooms are open, so that the public can witness justice as it is being dispensed. Furthermore, because juries are derived from the ranks of the average citizenry, the actual fact finders in the criminal justice system come from the public. In these ways, the criminal justice system is an open system. However, it is also true that the criminal justice process is a closed process. Defendant's communications with their attorneys are privileged, so that the public…...

Police Abuse/Problems with Guilty Pleas
Police Abuse

From time to time, the media highlights stories about police abuse that can best be described as disturbing. It is unfortunate that some police officers do turn against the same people they have sworn to keep safe. Indeed, most victims of police brutality are left feeling frightened, betrayed and helpless. Further, police abuse triggers a cycle of mistrust in which case the community gradually loses confidence in those they rely on for safety and protection. Though a majority of police officers in the community I come from are dedicated and act within the confines of the law; there are a few bad elements (based on previous incidences of police brutality) who soil the otherwise warm relations the community shares with the police.

It is important to note that only a fraction of the total incidences of police abuse are reported by the media. Generally, only those…...

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…...

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References

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/

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…...

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References

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.

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…...

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References

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.

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…...

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References

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.

.....controversy of establishing a court system at the creation of the U.S. Constitution centered on the power struggle between states and the creation of a federal, central government with its own court and ability to overrule state court decisions. The Constitution pitted Federalists against Anti-Federalists. The former wanted a central government that acted as the top force over all the states; the latter wanted no central government -- because, after all, the Revolutionaries had just fought a war against a king -- why should they turn around and elect a new one? The idea of sovereign states was such that each state was its own master and local citizens could have more say in their government at a localized, grassroots level. The passing of the Constitution essentially tipped the scales towards the centralized federal government having power over all the states (Brutus No. 1, 1787).
UNIT 1 DISCUSSION (2)

Feld's (1994) "Honest…...

Prosecutors consider several factors. For effective prosecution to take place there should be the required selected readings, methodology and analysis of the findings of the case (Siegel 2012). A standard case set is also crucial since it is a tool used for decision making in the criminal justice system. These tools enable us to understand how prosecutors view a case and how they come up with justified decisions.
The standard case set measures the level of agreement between prosecutors. Some of the well-known factors that contribute to the decision-making process of prosecutors categorized into two main types. These are legal and extra-legal. According to Siegel (2012), legal factors include the strength of evidence, culpability of the defendant and the seriousness of the offence. If the evidence against the defendant is strong, it is likely that the court will charge and convict the defendant for the offence. This also applies with…...

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References

Hancock, B.W., & Sharp, P.M. (2004). Criminal justice in America: Theory, practice, and policy. Upper Saddle River, NJ: Prentice Hall.

Siegel, L.J., & Worrall, J.L. (2012). Essentials of criminal justice. Belmont, CA: Wadsworth, Cengage Learning.

McConville, M., & Mirsky, C.L. (2009). Jury trials and plea bargaining: A true history. Oxford [u.a.: Hart.

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…...

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References

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.

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....

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....

Impact of Law Enforcement, Prosecutors, and Public Defenders on the Criminal Justice System
The criminal justice system comprises three primary actors: law enforcement, prosecutors, and public defenders. These entities play distinct and interconnected roles in the administration of justice, shaping the outcomes of criminal cases and the overall functioning of the system.
Law Enforcement
Investigation: Law enforcement agencies are responsible for investigating crimes, gathering evidence, and apprehending suspects. Their actions often determine the strength of the prosecution's case and the ultimate outcome of trials.
Discretion: Law enforcement officers have significant discretion in deciding whether to arrest, charge, or refer individuals to diversion....