Plea Bargaining Ginger Plaster King University Abstract Plea bargaining can defined as “a process in which a person who is accused of a crime is allowed to say that he or she is guilty of a less serious crime in order to be given a less severe punishment‚ or a negotiation of an agreement between a prosecutor and a defendant whereby the defendant is permitted to plead guilty to a reduced charge.” Plea Bargaining. (n.d.). In Merriam-Webster online. Retrieved from http://www.merriam-webster.com/dictionary/pleabargaining
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Plea Bargaining - Who Benefits? Plea bargaining is a process of negotiation and resolution that is an efficient‚ informal and by and large‚ successful alternative to the formal process of a criminal trial. Despite this less formal approach‚ the goal that drives plea bargaining is exactly the same: to bring about a fair‚ balanced and just resolution to an act of wrongdoing (Larson‚ 2000). In this regard‚ the use of plea bargaining is not only beneficial to all concerned in the judicial process; but
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Process Plea bargaining is the essence of the criminal justice system‚ and it is the process in which a defendant pleads guilty to a criminal charge in order to receive some consideration from the state. There are various types of plea bargaining deals that defendants may accept‚ which include charge bargaining‚ count bargaining‚ and sentence bargaining. Charge bargaining requires the defendant to plead guilty to a less serious crime than the one originally charged with. Count bargaining requires
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Historically‚ ‘plea bargaining’ has been understood as an agreement between the prosecution and defence counsels which ultimately results in the defendant being in a position to receive a judgment which is less severe‚ if he or she changes his plea from ‘not guilty’ to ‘guilty’. There is also the possibility that the accused might accept a lesser charge in return for a guilty plea‚ as opposed to the original higher charge that the accused is initially charged with; this is more commonly known as
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Plea bargaining is a process of negotiation that usually involves the defendant‚ the prosecutor‚ and the defense counsel and is founded on the mutual interests of all involved. Plea bargaining circumvents the trial process and dramatically reduces the time required for the resolution a criminal case. Bargained pleas are very common. Some surveys have found that 90% of all criminal cases prepared for trial are eventually resolved through a negotiated plea. In a study of 37
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Defense of Plea Bargaining article‚ “a plea bargain is a contract with the state. The defense agrees to plead guilty to a lesser crime and receive a lesser sentence‚ rather than go to trial on a more severe charge where he faces the possibility of a harsher sentence.” We are also told in The New York Times Article; Federal Law on Sentencing is Unjust‚ Judge Rules that “about 97 percent of federal criminal convictions nationwide were the result of plea bargains.” In a Frontline Program- The Plea we watched
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defines “plea bargaining” as “an informal practice where the accused uses his or her right both to plead guilty in order to bargain for a benefit that is usually related to a charge or the sentence”. A plea bargain is the most common method used in the disposition of criminal cases and makes up 95% of cases in Canada (Barbara‚ Morrison‚ and Cunningham‚ 1976) and usually consists of an agreement with the Crown prosecutor to make an alliance to get the judge to make a sentence. In most cases plea bargaining
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Plea Bargaining: An Analysis of its Prospects in the Criminal Justice Administration of Bangladesh Nadia Shabnam ABSTRACT One of the cardinal principles of criminal justice is that nobody is to be compelled by threat‚ promise or inducement in any criminal case to be a witness against themselves. As a result‚ it is an uphill task for the prosecution to unearth a crime‚ bring the witnesses in support of his case‚ rebut the defense arguments and prove the case beyond all reasonable doubts.These
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PLEA BARGAINING The former Chairman‚ Local Government Election Petition Tribunal in Oyo State‚ Justice Waheed Olaifa (rtd)‚ has described plea-bargaining as a bad compromise which is eroding the integrity of the judiciary and deepening the culture of corruption in the country. Olaifa who spoke with journalists shortly after he bowed out of the bench‚ noted that plea-bargaining was a strange element in the Nigerian legal system. He said: “Plea bargaining is not in our own law. Instead of allowing
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Plea Bargaining Paper Donnita Macon CJA/224 February 11‚ 2015 Ashley Webb Plea Bargaining Paper In this essay it will discuss the following: Define plea bargaining‚ distinguish between charge bargaining and sentence bargaining‚ compare and contrast the advantages and disadvantages of plea bargaining‚ and last but least describe how plea bargaining reflects or thwarts the crime control and due process models of criminal justice. According to ‘’Merriam Webster’’‚ 2015 Plea bargaining
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