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Plea Bargaining, 2003.
A discussion of the costs and benefits of plea bargaining and whether plea bargaining can be reformed.
1,168 words (approx. 4.7 pages), 4 sources, MLA, $ 40.95
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Abstract
This paper examines the concept of plea bargaining which involves a criminal case in which the defense and prosecution negotiate and compromise a type of arrangement in relation to a defendant?s guilt and sentencing. In exchange for a guilty or no contest plea, the prosecution will request a reduction in the charges or sentence that a criminal would otherwise receive. It addresses the costs and benefits of plea bargaining, such as the advantages to the court system, judges and especially defendants. Furthermore, it discusses the pros and cons to all parties involved, including the victims. Lastly, the paper analyzes how plea bargaining could possibly be reformed and the necessity of making it more visible and understandable to society.
From the Paper
"Another benefit to some defendants in regard to plea bargaining is the opportunity to be released from jail. Some criminals that would not be released otherwise are released instantly following the negotiation and approval of a plea bargain. It also gives the defendant the advantage of having the matter resolved quickly and having a less severe offense placed on their record. Offenses on one?s record can weigh greatly on an individual. Felonies can be very harmful when applying for a job or avoiding some states? ?three strikes? rule. Some states even require that professional licenses be revoked upon a felony conviction. Also, a felony conviction can result in the loss of the right to vote and possess firearms."
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Plea Bargaining, 2006.
This paper evaluates plea bargaining, which has become pervasive in the U.S. legal system.
3,240 words (approx. 13.0 pages), 9 sources, APA, $ 93.95
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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."
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Plea Bargaining, 2005.
This paper looks at plea bargaining and why many are against it.
1,571 words (approx. 6.3 pages), 6 sources, APA, $ 51.95
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Abstract
The paper relates that plea bargaining is most often the focal point of general public dissatisfaction with the criminal justice system. The paper explains why plea-bargaining has been criticized by those who believe in fairness and justice in our court system. The paper also describes the plea bargaining process and looks at the difficulty of abolishing plea bargaining.
Outline:
Plea Bargaining Process
Repeal Plea Bargaining
From the Paper
"The issues of plea-bargaining have been criticized by those who believe in fairness and justice in our court system. Plea-bargaining over the years has stressed many important questions, none more important than "Do plea bargains prove to be an injustice to all?" From the innocent defendant who may be victimized because of scare tactics or to the guilty defendant who does not benefit from a just and rehabilitative sentence, to the victim who sees himself or herself treated as a party that is secondary and not central to the legal cause. Finally, there is society at large, which is exposed to the frequent recidivism of defendants who sense that justice is a machine that may be broken. (Law Reform Commission of Canada)"
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Plea Bargaining, 2002.
An overview of the pros and cons inherent in the concept of plea bargaining, which has been used for the disposal of legal cases.
1,550 words (approx. 6.2 pages), 5 sources, MLA, $ 50.95
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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."
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Plea Bargaining, 2005.
This paper discusses the advantages and disadvantages of plea bargaining.
675 words (approx. 2.7 pages), 1 source, $ 26.95
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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."
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Plea Bargaining, 2004.
This paper discusses plea bargaining, a procedure whereby the prosecution and the defense negotiate to reach a resolution outside of the court, resulting in the defendant usually agreeing to plead guilty to a lesser charge or punishment.
1,350 words (approx. 5.4 pages), 4 sources, APA, $ 45.95
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Abstract
This paper explains that the most common argument on behalf of plea bargaining is that it reduces the courts? heavy caseloads by ensuring that most criminals enter a plea of guilty, thus eliminating the need for time-consuming trials. The author points out that an argument against plea bargaining is that the public usually favors a disciplinary policy for the handling of criminals in society and wants to see everyone pay for the crime committed. The paper relates that plea bargaining denies the defendant his constitutional right to a trial by jury and asks him to waive his rights against self-incrimination and the right to confront witnesses against him.
From the Paper
"By having plea bargaining, we are insuring that criminals have to do at least some time for the crime they have committed. Plea bargaining is beneficial to defendants because they use it to reduce the uncertainty and severity of sentencing. If the defendant pleads guilty in return for a compromise, the defendant avoids the risk of a maximum sentence following a guilty verdict at a trial. Other important advantages to plea bargaining is that it allows the defendant a chance to admit their guilt and show some responsibility for the actions they have committed. By allowing a defendant to enter into a plea bargain and plead guilty, the system is shielding victims for having to testify at a trial that may be difficult for them. A trial usually means that a victim will have to relive what happened to them and may damage them."
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Plea Bargaining, 2002.
A discussion of the two opposing points of view on plea bargaining.
1,308 words (approx. 5.2 pages), 6 sources, MLA, $ 44.95
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Abstract
This paper examines how plea bargaining has been a topic of debate for many years and how advocates feel that plea bargains cut down on caseloads, while opponents feel that criminals get off to easy or are punished too harshly by the system of bargaining. It analyzes these two opposing points of view and chooses and supports the one that personally appeals to the author.
Outline
Introduction
Defining Plea Bargains
Advocates
Opponents
Personal Appeal
Conclusion
From the Paper
"A plea bargain is defined as ?an agreement between the defense and the prosecutor in which a defendant pleads guilty or no contest to criminal charges. In exchange, the prosecutor drops some charges, reduces a charge or recommends that the judge enter a specific sentence that is acceptable to the defense.? (Understanding Plea Bargaining? 2002). In most jurisdictions a plea bargain can be arranged at anytime after a defendant has been charged with a crime. In some cases plea bargains are even reached when there is a hung jury because most attorneys would rather arrange a plea bargain than go through an additional trial."
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The Plea Bargaining System, 2007.
An analysis of the pros and cons of the plea bargaining system in the United States.
1,213 words (approx. 4.9 pages), 3 sources, MLA, $ 41.95
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Abstract
This paper presents a detailed examination of the plea bargaining system in the United States. The writer explores the history of the system and discusses when it may be used. It then discusses the benefits and the negative elements involved in using the plea bargaining system. The paper concludes that while there are pros and cons to the system, the benefits far outweigh the negative elements because of the time and money that the system saves.
Table of Contents:
Introduction
What Is It?
History
Benefits
Negative Elements
The Comparison
From the Paper
"There are numerous benefits to using the plea bargain system. The first and most important benefit from the standpoint of a prosecutor is the fact that it provides an automatic conviction. The prosecution does not have to worry about whether the evidence will hold up under the scrutiny of the system. They have to wonder if their witnesses will be believable during a traditional trial. In addition the prosecution is always at the mercy of the jury members. Jury members are human and subject to human emotion and error. A prosecutor faced with a trial will always be concerned that the jury will feel sorry for the defendant and even if convinced that the defendant committed the crime will acquit or provide a not guilty verdict."
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Plea Bargaining, 1991.
This paper argues the dangers to the individual of plea bargaining.
2,250 words (approx. 9.0 pages), 6 sources, $ 79.95
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From the Paper
"In recent years, plea bargaining has been used with increased frequency in the American courts. The proponents of this practice argue that it expedites cases. Because the criminal justice system is overloaded, it is claimed that plea bargaining is necessary in order to reduce the case load. However, in principle, plea bargaining is a dangerous practice as it relates to the individual. Instead of seeking to determine the true guilt or innocence of an accused criminal, plea bargaining simply trades an easy penalty for an admission of guilt. In this way, it encourages unequal treatment of defendants. Instead of imposing a standard punishment for a crime, plea bargaining is concerned with simply negotiating a guilty plea and thereby getting the case through the courts as soon as possible. Furthermore, plea bargaining provides unequal treatment because ... "
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Plea Bargains, 2002.
An overview of the principles of plea bargaining and discussion on its morality.
2,650 words (approx. 10.6 pages), 8 sources, $ 97.95
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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.
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The Plea Bargain System, 2006.
A position paper arguing against the plea bargain system.
2,700 words (approx. 10.8 pages), 9 sources, $ 106.95
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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.
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Plea Bargains, 2002.
An examination of the plea bargain system used in courts in America.
1,150 words (approx. 4.6 pages), 7 sources, $ 44.95
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Abstract
This paper explains and analyzes what a plea bargain is and suggests that the plea bargain be finished to improve the court system.
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Plea Bargaining in Australia, Canada & U.S., 1994.
Discusses the definitions & purpose, types, roles of judges, attorneys & victims, openness of process, appeals, public opinion and a comparison of advantanges & disadvantages in three nations. Includes case studies.
1,125 words (approx. 4.5 pages), 60 sources, $ 135.95
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From the Paper
"Plea Bargaining in Australia, Canada, and the U.S.
This paper will discuss the practice of plea bargaining in Australia, Canada, and the United States. The first part of the paper will discuss the definitions of plea bargaining and the process itself. The second, third, and fourth parts of the paper will examine the laws of each of the three countries concerning plea bargaining. The fifth and sixth parts of the paper will look at the roles of the prosecution and defense in the process. The seventh part of the paper will briefly examine the role of the public. The eighth part of the paper will discuss the role of victims. The final part of the paper will briefly discuss the effects of plea bargaining compared with trials."
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Collective Bargaining, 2005.
An overview of the practice of collective bargaining in organizations.
5,897 words (approx. 23.6 pages), 26 sources, MLA, $ 140.95
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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. "
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Collective Bargaining, 2002.
Examination of the collective bargaining process in state and local government according to John Piskulich in his book "Collective Bargaining in State and Local Governments".
1,005 words (approx. 4.0 pages), 0 sources, MLA, $ 35.95
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Abstract
This paper is a review of John Piskulich's book "Collective Bargaining in State and Local Governments". The paper covers Piskulich's discussion of policymakers, the role of unions, the various dimensions of the bargaining process, the history of the policy making process and the obstacles policy makers face.
From the Paper
"In his book John Piskulich attempts to uncover why and how to manage collective bargaining. ?Collective Bargaining in State and Local Governments? discusses how the collective bargaining process in the public sector has grown from a state of infancy to maturity. He makes note that policymakers are currently in a state of flux, constantly changing and modifying current regulations to keep up with the dynamic environments in which they work. John Piskulich emphasizes in his work that public-sector unions act as a significant force in operating government agencies."
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