Plea Bargaining In Court Cases

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The court component of the justice system is normally viewed as an adversarial system of law between the prosecution and defense presided by a judge. In a criminal trial, the goal is to bring the procedure to a successful close with adversarial framework. Historically, prosecutors present cases and argue to prove a defendant is culpable for a crime. Prosecutors represent the people and are involved in all phases of the court proceedings. It is the job of a prosecutor to secure a conviction. Defense attorneys are guaranteed by the sixth amendment and are viewed as “defenders of liberty (Cole & Gertz, 2013, page 258),” because it is their job to keep the burden of proof on the state. Judges play the role of the impartial party and are supposed to provide a fair and unbiased sentence.
The public’s view of the adversarial framework of a court is due in part to the rare occasion a case goes to trial, which is less than three percent of cases. These …show more content…
Prosecutors and defense attorneys today have very large caseloads and for maximum efficiency they must work in cooperation with one another. The courtroom workgroup holds meetings outside of the public eye, and together they negotiate a plea bargain with a sentence attached without a trial, thereby saving time and expediting the court process. Some critics argue that plea bargaining is unconstitutional because it assumes the defendant is guilty, but with over 90% of cases disposed of through plea bargaining, the practice is not likely to cease any time soon. The courtroom workgroup all share a common goal with one another, get paid, get justice and move on to the next case. Plea bargaining allows the courtroom workgroup optimal efficiency and each member of the courtroom work group benefits from this practice. Plea bargaining is desired by both parties to avoid courtroom confrontation and maintain the court room as a smoother functioning system

Plea Bargaining

Plea Bargaining CJA/224 March 14, 2013 Plea Bargaining We have all gone to the super market and used their express checkout lane in the hopes of getting in and out in a hurry. But something most of the general public is unaware of is that the American Criminal Court System has its own version of the express check-out lane. Plea Bargaining is the criminal courts systems version of an express check-out, and ninety five percent of the people who are channeled through the criminal…

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Is Plea Bargaining Useful

Plea-Bargaining: Is Plea-Bargaining useful or not .To figure out yes or no, we need to understand what it means, why they are used, the different plea bargains which are available, and the consequences of what happens when either of the parties does not live up to the terms of the plea agreement. Meaning According to Howard Abadinsky,” A Plea Bargain is a legal transaction in which a defendant pleads guilty in exchange for some form of leniency” (311). The courts within the United States use…

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Arguments Against Plea Bargaining

are considering a bill that bans all plea-bargaining in our state. As a leading expert on plea-bargaining, I’m aware of the instrumental role that it plays in our justice system. From the outset, I would like to state my definitive position on the matter: that plea bargaining should not be banned. My following testimony will support this position. The Stakeholders and How a Plea-Bargaining Ban Will Affect Them The stakeholders who benefit from plea-bargaining include judges, prosecutors, defense…

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Commonwealth V. Battis In The 1800's

Plea Bargain Origins In the early days of English common law, courts would hear several cases per day and make a decision. This decision would be made without having lawyers present. As time went on lawyers were added to trials and the process significantly slowed. Increases in criminal activity meant more and more cases to potentially go to trial. With trials continually adding up and no increase in prison facilities to house the guilty, courts had to decide whether to allow defendants to plead…

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Plea Bargaining In Criminal Justice

Plea Bargaining is considered to be a controversial topic in the criminal justice system as “it is an agreement between a defendant and a prosecutor, in which the defendant agrees to plead guilty or no contest (nolo contendere) in exchange for an agreement by the prosecutor to drop one or more charges, reduce a charge to a less serious offense, or recommend to the judge a specific sentence acceptable to the defense” (Berman). In my opinion, I do believe plea bargaining to be an necessary evil in…

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Pros And Cons Of Plea Bargaining

Plea-bargaining is usually used in felony cases when the suspect wants a lower sentence . When doing so the suspect gives up some of his/her constitutional rights. These rights are in the fifth and sixth amendments in the Bill of Rights. The fifth amendment is against self-incrimination, the right to not not testify. The sixth amendment focuses on the right to jury trial, confront opposing witnesses, and a “compulsory process” for receiving favorable witnesses. Plea-bargaining is a good idea for…

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Plea Bargaining Argumentative Analysis

How do we reconcile the benefits of plea bargaining with the importance of justice? Plea bargaining occupies a relatively ambiguous position in the criminal justice system. Most observers of the system subscribe to its practical benefits, but acknowledge that it is an imperfect method for dispensing justice. The academic literature has consisted largely of attempts to provide a theoretical justification for plea bargaining and conversely of calls for the system's abolition. It focuses on the ethical…

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Why Is Plea Bargaining Effective

Plea bargaining is where the prosecutors and defendants come to an agreement where the defendant can agree to saying he or she is guilty to all or some of the charges opposed to them or when the judge lessens the defendants sentence. Its purpose is to lessen the time in court and reduce the charges and sentence against the defendant. Reducing trial time is to help avoid multiple irritating inconveniences for the defendant. These inconveniences are the defendant’s exposure and charge. With reducing…

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What Are The Pros And Cons Of Plea Bargaining

cons of plea bargaining. The greatest advantage a prosecutor has in utilizing a plea bargain is that it can provide a conviction on an otherwise weak case. One of the biggest examples of this are rape cases as you note. In Ryan Spaniol’s comment reply, the “CSI Effect” as noted in the textbook reading has become detrimental to justice as juries require evidence heavy cases be brought to them in a neat package. The cons of plea bargaining however, seem to outweigh the pros. Considering plea bargaining…

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Dual Court System Essay

Q1. What is the dual-court system? Why do we have a dual court system? A. The dual-court system is the result of a general a agreement among the nation's founders about the need for individual states to retain significant legislative authority and judicial autonomy separate from federal control. The reason why we have a dual-court system is, back then; new states joining the union were assured of limited federal intervention into local affairs. The state legislatures were free…

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