Plea bargaining is a commonly used prosecutorial method to dispose of a case without going to trial. A plea bargain or negotiated plea is an agreement between the defense and the prosecutor in which a defendant pleads guilty to a criminal charge and in exchange he expects to receive some form of consideration from the state. (Neubauer‚ 2002‚ p. 323) Most cases never make it to trial‚ more than 80 percent of criminal cases filed ended with the defendant entering a guilty plea. (Fagin‚ 2003‚ p. 61)
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Innocent Americans accused of crime are more likely to take the guilty plea because it will give them a lighter sentence‚ than if they were to go on trial. We accept the system that we have now‚ and its flaws‚ because risk taking is a part of American life. In the article “The Morality of Copping a Plea”‚ Steve Maich tells that the system too often relies on intimidation and coercion to make defendants take the guilty plea. (2) The coercion into the guilty plea creates risk for Americans‚ but as a
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Plea-bargaining Paper Julio L. Aguilera CJA/224 June 26‚ 2013 Russell Galbreath Plea-bargaining Paper Plea-bargaining is a very useful tool that can be implemented by attorneys in the justice system. Attorneys can use plea-bargaining to take the decision of innocent or guilty out of the judges and jurors hands‚ and decide the defendant’s fate without going to trial. When researching the term plea-bargaining It is stated in the course textbook that there is no agreed-upon definition of the
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Plea bargaining is being scrutinized and criticized for a variety of reasons. Many believe that plea bargaining is fair as it gives a possible offender the ability to negotiate a less severe sentence. If the offender is in fact innocent all he has to do is go trial and show it to the jury and he will be free to go. However many people are saying that plea bargaining has contributed to imprisoning of innocents and it is an unfair practice as a result. Though that may seem ludicrous because it would
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Daniela West Mr. Sandarg English 1102 17 February 2012 Plea Bargaining and Its Effects on Society A boy named Tyler‚ age fifteen‚ was arrested for robbery. He had no alibi and the defendants can tie him to the scene of the crime by a Nike Shock size eleven shoe print. To get a lesser sentence he pleaded guilty to a lesser charge. Now instead of being sent to a Juvenile Detention Center he has to serve probation for a year and the charge will be expunged when he turns eighteen. A few months later
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United States‚ plea-bargaining undermines the criminal justice system. The question we are debating today is whether or not plea-bargaining undermines the Criminal justice system? The job of the Criminal justice system is to protect the citizens of the United States. How are we protecting them if we give criminals shorter sentences than they deserve? When we plea bargain we release more criminals back into the streets and put citizens of the United States’ safety at risk. A plea bargain is an
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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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Canadian Law Dictionary (2013) 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
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When a justice system replaces jury trials with plea negotiations it contradicts the fair rules of evidence in front of a judge or a jury. Plea negotiations are very different from the formal process. Criminals end up of facing sentences that are lighter while victims are left unsatisfied. Plea Bargaining is very private which can affect the outcome and will not benefit the everybody. While the bargain might help that receive less severe penalties than a conviction at trial‚ the bargain may still
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Plea bargaining is being scrutinized and criticized for a variety of reasons. Many believe that plea bargaining is fair as it gives a possible offender the ability to negotiate a less severe sentence. If the offender is in fact innocent all he has to do is go trial and prove it and he will be released. However plea bargaining has contributed to the imprisoning of innocent individuals. The prosecutor also has an unfair advantage over the defense thus making plea bargaining an unfair practice. These
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