Plea Bargaining University of Phoenix CJA/373 – Criminal Court Systems Mario D’Adamo Week Four - Individual Assignment July 14‚ 2010 Plea Bargaining Introduction Much of the criticism leveled at the legal system in general and the criminal justice system in particular is well-deserved‚ but one feature of the criminal justice system poorly understood and thus unfairly judged by both the public and the media‚ is the process of plea bargaining. Because criminal defendants have no incentive
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PLEA BARGAINING Plea bargaining is defined as the process of negotiating an agreement among the defendant‚ the prosecutor‚ and the court as to an appropriate plea and associated sentence in a given case. The advantage for the defense is that less work is required on their part and they typically receive the same amount of money in return. An advantage for the prosecutor is they get a conviction and can alter the sentence any way they see fit as well as maintain an acceptable conviction rate. The
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Plea Bargaining A plea bargain is an agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor. This may mean that the defendant will plead guilty to a less serious charge or to one of several charges‚ in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence. A
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A court system is created to determine the innocent and the guilty when a conflict arises. In many cases it is convicting a criminal for a crime that has been committed. The system entitles everyone to a fair trial no matter what the case and in each trial it is the team that is prosecuting that most prove that if the accused is guilty. Not the accused having to prove their innocence. The victim in most cases looks to see that justice is served to the criminal. The accused looks to try and get another
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Introduction Plea bargaining is the process by which an agreement between the prosecutor and the defendant where the defendant pleads guilty to a lesser charge in the expectation of leniency. On February 7th‚ 1881 the first plea bargain was used in a trial by Albert McKenzie in the state of California (“Plea bargaining gains favor in American courts”). After the first use of a plea bargain in a 30 year span in Alameda County‚ “nearly 10 percent of defendants changed their “not guilty” pleas to “guilty
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Plea Bargaining Plea bargaining is an inherent part of the criminal justice system. “Let’s make a deal.” Plea bargains are agreements that are made between the defendant and prosecutor in a criminal court case. The agreement can only be completed if defendant and prosecutor come to a communally agreement. During the plea bargaining process‚ the defendant makes a knowing and voluntary waiver of his or her rights to a trail. Judges do not participate in the discussions and can decline or accept the
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Plea Bargaining Plea bargaining is extremely popular in our criminal justice system. In fact‚ 90 percent of all criminal cases are negotiated through plea bargains. The defendant‚ the victim‚ law enforcement officials‚ the prosecutor‚ and the state‚ all benefit in various and significant ways from plea bargains. In this paper I will discuss how plea bargaining ensures that the criminal justice system is not overrun by criminal cases. I will also explain what plea bargaining means and where it
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instances where plea bargaining can be an effective tool in the criminal justice system‚ however‚ as it stands‚ the overuse of the plea bargain by prosecutors has diminished it’s potential worth as a true bargaining tool by their flagrant daily misuse. While it is understood that the case load for the courts is overwhelmed and an alternative method of securing some form of justice is needed to alleviate the overrun system‚ the use of the plea bargain to alleviate the overcrowded courts is not completely
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PLEA BARGAINING Plea Bargaining is the central feature of modern criminal justice system. It is also known as Pre-trial settlement‚ plea discussions‚ plea negotiations‚ resolution discussion etc. In its most traditional and general sense‚ “plea bargaining” refers to pre-trial negotiations between the defendant‚ usually conducted by the counsel and the prosecution‚ during which the defendant agrees to plead guilty in exchange for certain concessions by the prosecutor. The concept of plea-bargaining
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Appropriate Uses for Plea-bargaining A plea bargain (“offer”) is an acquiescent in a criminal case whereby the prosecution may offer the defendant the opportunity to plead guilty‚ conventionally to a lesser charge or to the pristine criminal charge with a proposal of a lighter than the maximum sentence. This opportunity sanctions defendants to avoid the risk of a conviction by trial on a more serious charge. This allows a court’s caseloads to be lighter without exhausting resources of a court‚ potential public
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