Abstract Plea bargains are a form of negotiation used in many legal systems around the world. In general, a plea bargain is reached via an informal process of negotiation, in the course of which the prosecutor and the defense counsel reach an out-of-court settlement. Using plea bargaining has become an accepted practice in both Canada and North America, as well as in many other countries. However, just because it has become commonplace does not necessarily imply that it is right. This paper begins by describing the system of plea bargaining and then goes on to present arguments against such a system.
Abstract This paper argues that plea bargaining should be practiced in a court of law because they can give flexibility in certain cases that are not too severe. The author points out that the plea bargain can help prosecutors and defendants get more lenient sentences if the law offers too harsh a penalty for the crime. The paper stresses that the court system must be aware of not abusing the plea bargain because it should only apply to special cases, which do not entail civil and societal irresponsibility.
From the Paper "This political science analysis will seek to understand the advantages and disadvantages of the plea bargain. By understanding the court system of today, we can analyze how the plea bargain is an advantage in shortening trials and the legal complications in the justice system. Also, we can realize how the plea bargain is a disadvantage in that it gives shorter sentencing for serious crimes in the guilty verdict presented. In this manner, the plea bargain of the court system offers both advantages and disadvantages in the modern American court system. The advantages for the American court system to allow plea bargains for guilty verdicts help prevent congestion and lengthy trials. The judge can allow and regulate plea bargains, but only if both the prosecutor and the defense can arrange an agreement for sentencing."
Abstract This essay discusses collective bargaining at the European level. The paper answers three questions posed by the customer: What are the main challenges to collective bargaining at the European level, what are the main legal challenges at the European level and finally, is collective bargaining at the European level possible today and in the future and if not, why not.
From the Paper "European nations have made a lot of progress in recent year in moving toward a more unified Europe. The countries have already converted to a single currency, the euro. Now as they state to think about increasing globalization even further, many trade unions from the differing countries would have and interest in coming together and collective bargaining jointly. However, there several hurdles in the way of this goal."
Abstract This paper examines whether or not it is professional and ethical for nurses to engage in collective bargaining. In particular, the paper focuses on the appropriateness of nurses going -- or threatening to go -- on strike. The paper asks whether striking is an abandonment of the patient. The paper also reviews the purpose behind collective bargaining -- what it is intended to achieve and how it functions, particularly in unions for health care professionals.
Abstract This paper explains that plea bargain is primarily a negotiation between the defendant and his or her attorney on one side and the prosecutor on the other, in which the defendant agrees to plead "guilty" or "no contest" to a crime in return for benefits such as the reduction of the severity or dismissal of the charges. The author points out that plea bargaining has become so pervasive because it is an out of court settlement, which helps reduce the high volume of cases facing the judicial system, provides a win-win scenario for both the prosecutor and the defendant's attorney and obtains the defendant's willingness to testify for the prosecution in other associated cases. The paper relates that the negative side to plea-bargaining includes (1) overcharging the defendant, (2) forcing an innocent person to confess to a crime that he or she has never committed, (3) allowing confirmed convicts to get their punishment reduced or even get out of jail and (4) forfeiting an individual's Constitutional rights, which is a danger to the society as a whole.
Table of Contents
What is Plea Bargaining?
Authorization and Procedure of Plea Bargaining Rules Regarding the Breach of Plea Agreement
Why is Plea Bargaining so Pervasive in our Society?
Benefits of Plea Bargaining Disadvantages of Plea Bargaining Conclusion
From the Paper "In most cases, judges do authorize a plea bargain if the defendant makes a knowing and voluntary waiver of his or her right to a trial, the defendant understands the charges, the defendant understands the maximum sentence he or she could receive after pleading guilty, and the defendant makes a voluntary confession, in court, to the alleged crime. Even if a defendant agrees to plead guilty, a judge may decline to accept the guilty plea and plea agreement if the charge or charges have no factual basis. It is also highlighted here that the judge does not play any part in the plea bargain discussions between the defendant's attorney and the prosecutor. Moreover, the prosecutors have discretion whether to offer a plea bargain or not. However, a prosecutor should not discriminate in making or accepting an offer of plea bargain based on an unjustifiable standard such as race, religion, or some other arbitrary classification."
Abstract This paper examines how collective bargaining is the process by which a group of people gets together and bargains together for a common goal that concerns all the people involved. In particular, it looks at how the concept has been gaining in popularity over recent years and how professionals are beginning to truly understand the role of unions and the role they play in the making of decisions in a company.
Outline
The Process of Collective Bargaining Collective Bargaining in the Private Sector
Collective Bargaining in the Public Sector
Why is Collective Bargaining Limited?
History of the Collective Bargaining Process
Norris Laguardia Act
NLR Act
Fair Labor Standards Act
Taft-Hartley
Labor Management Reporting and Disclosure Act
Certification and De-Certification
How Does a Labor Management Contract Affect the Budget of an Organization
Conclusion
From the Paper "Collective bargaining in Germany takes place at the regional level, but can also in some cases take place at the company or even at the national levels. The trade unions may sign up 'collective contracts' either with employer's associations or with individual employers, and these contracts are legally binding for everyone who has been involved in the negotiations -in part due to the principle of 'equal treatment' wherein all workers of the company are bound under any contract signed by the company after negotiations with employees and unions. The industry level collective bargaining efforts in Germany covered the construction business and the consumer non-durable business, and also the transport and communication industries, to quote a few. "
Abstract This paper states that although some people are for plea bargaining, there are several who are against bargaining for justice. The paper then discusses the purposes that plea bargains provide and gives examples. Next, the paper describes the types of plea bargains and looks at both the advantages and disadvantages of plea bargaining. The paper concludes with the writer's opinion that plea bargains are a necessity in today's court system because there are so many people awaiting trials.
Outline:
Types of Plea Bargains Pros and Cons
From the Paper "I think plea bargains are a necessity in today's court system because there are so many people awaiting trials. I am also a firm believer in convicting on a lesser charge if the evidence does not support the more serious crime that has been committed. Many times the prosecutors have evidence that is not admissible in court, but it proves that they defendant is in fact guilty of the crime. I also believe in plea bargaining in order to get evidence against a person who is committing a more serious crime. For example, plea bargaining with a drug dealer in order to get to the drug lords is acceptable in my opinion."
Tags: random, basis, a, lesser, charge, admissible
Abstract This paper talks about the role plea bargains hold in the judicial system of the United States. The author gives reasons why plea bargaining is a necessary part of the United States' criminal justice system even though some may argue that the guilty benefit from plea bargaining and that the rights of the defendant are sacrificed by plea bargaining. The paper argues that without a plea bargaining system, the criminal justice system would simply break down due to the overcrowding conditions in jails and prisons. The paper briefly discusses some reasons defendants might agree to plea bargain and also analyzes how the rate of plea bargains can be decreased.
From the Paper "It appears that plea bargains will remain as an integral part of our justice system. Many courts have made major headway in reducing the complexity of civil cases. However, it is more difficult to simplify criminal procedures because defendants are protected in many ways by our Constitution. Court administrators live with the fear that their budgets will be cut and are realistic in their beliefs that their chances of getting more money are few."
Abstract This paper looks at the concept of the plea bargain, a method of agreement made between the prosecutor and the defense by way of which a defendant would be in a position to plead guilty to charges of criminality. It discusses how there are two methods of plea bargaining, namely, charge bargain and sentence bargain. It debates its pros and cons and looks at how opponents of plea bargaining argue, on moral terms, that a trial would prevent the inherent dangers being faced by a defendant. It also show how supporters of plea bargaining want the speedy disposal of cases for the economic benefits of preventing costs.
From the Paper "The most common advantage of entering into an agreement of plea-bargaining is that it enables the defendant to be in a position to receive a reduced judgment for a case, which is less severe. It also has the advantage of preventing the case to go through a long procedure of trials and after such a long procedure if the result is a loss, this can be prevented in the event of plea-bargaining. At the same time, huge expenses on attorney fees can be reduced as a result of this. Going through the long procedures of trial would invoke stress for the defendants, and in the case of plea-bargaining, this can be prevented. A defendant's record would be found much better when the charges are reduced or when the number of charges are either dropped, than the results, which might follow after going through the trial."
Abstract This paper addresses whether or not the practice of plea bargaining is ethical. The author is in favor of plea bargaining and believes it to be an ethical means of conviction. The paper includes a detailed explanation of what plea bargaining is and how the procedure works, as well as addressing problems that have occurred when plea bargaining is turned to for the wrong reasons. The conclusion states that, while certain changes could be made to ensure the ethical implementation of plea bargaining, it is nevertheless a necessary part of the justice system that, like all things, can be altered by human error.
Abstract The paper discusses labor relations and the relative merits or weaknesses of certain collective bargaining agreements. The paper explains that when an employer and a union representative engage in a bilateral decision making process, it is termed labor contract negotiations, or more recently a collective bargaining situation. The paper relates that the effect of the collective bargaining agreements on major league sports in the United States has been very significant to all labor relations. The paper offers a recent example of the uses of collective bargaining as was seen in the application of a contract for the players of the National Football League. The paper concludes that ultimately, the advent of the collective bargaining agreement within sports has been beneficial since it decreases the number of strikes and lockouts and keeps the players, owners and fans happy.
From the Paper "For many years, players of team sports were not considered to be workers who labored in a way that would be covered by the National Labor Relations Act (NLRA). In fact, in 1922, the Supreme Court stated that baseball clubs were accepted from anti-trust regulations and this effectively thwarted any attempts by baseball players to unionize for even the most basic protections. What one must remember is that these sports teams, while generally only focusing on the players, have other employees and so sport protection came with the allowance of the baseball players to engage in collective bargaining in 1969."
Abstract This paper examines plea bargaining and what it means for the criminal justice system. The paper presents a research proposal that analyzes public opinion regarding plea bargaining. It hypothesizes that the public is not supportive of plea bargaining in cases of violent crimes and it suggests that public opinion has impacted the sentencing decisions of courts regardless of plea bargains.
Table of Contents:
Introduction
Prior Studies
Variables for this Study
Scenarios of Plea Bargaining Independent Variables
Control Variables
From the Paper "Julian V. Roberts' book, Public Opinion, Crime and Criminal Justice, reports on a series of surveys that examined public opinion on certain aspects of legal procedure and processes. In 1988, a survey was conducted of public opinion in Canada, and found that four out of five people surveyed disapproved of plea bargaining (Roberts, Julian V, 1997, p. 210). "There was little demographic variance in attitudes. Moreover, the link between attitudes and plea bargaining and views of sentencing were clear. People who regarded plea bargaining as unacceptable also thought that sentences were not harsh enough (Roberts, Julian V, 1997, p. 210)." The same survey yielded information to show that the prosecutors' reasons underlying the plea bargaining impacted public opinion. "Finally, the presence of information about a plea bargain in scenarios had the impact of changing public evaluations of criminal justice professionals (Roberts, Julian V, 1997, p. 210)." It did not change their overall opinion of the use of plea bargaining. "For example, if subjects read about a case in which a plea bargain had taken place, they had more negative views of the prosecutor (Roberts, Julian V, 1997, p. 210).""
Abstract The paper presents the hypothesis that the public is not supportive of plea bargaining in cases of violent crimes. The paper looks at previous studies, with a focus on Sergio Herzog's study "The Relationship Between Public Perceptions of Crime Seriousness and Support for Plea-Bargaining in Israel: A Factorial-Survey Approach". The paper proposes a study where eight plea bargaining scenarios will be presented to individuals. The paper hopes to show that public opinion has impacted the sentencing decisions of courts regardless of plea bargains.
Outline:
Introduction
Prior Studies
Variables for this Study
Scenarios of Plea Bargaining Independent Variables
From the Paper "Plea bargaining is not a legal punishment assigned to criminal behavior, but is a tool that has been utilized by an overburdened legal system, which is poorly equipped to otherwise deal with the enormous numbers of criminal cases that filter through the system. Without plea bargaining, law enforcement, prosecutors, defense attorneys and finders of fact would be required to meet the legal definitions of the rules of evidence, which could involve lengthy processes and costs associated with bringing those cases to trial and through the court system."
