An argument against the use of plea bargaining in the judicial system.
Argumentative Essay # 120578 |
750 words (
approx. 3 pages ) |
2 sources |
APA | 2008
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$ 16.95
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Abstract
This is an opinion paper on plea bargaining. It makes the case against plea bargaining, pointing out that it undercuts the judicial system, letting criminals plead guilty to lesser charges to avoid trials, thus saving the government time and money.
From the Paper
"Plea bargaining has mixed benefits and penalties for defendants who decide to do so. In some cases, particularly for habitual criminals, plea bargaining often allows them to avoid lengthy prison terms by accepting a plea bargain, but for others who are innocent but are novices in the court system and are intimidated by legalese and a system they don't understand, it is detrimental because they will be pleading guilty to a crime they didn't commit and incurring not only prison time but a criminal record as well."
Tags:plea bargaining, opinion piece
This paper discusses the advantages and disadvantages of plea bargaining.
Essay # 83557 |
675 words (
approx. 2.7 pages ) |
1 source |
2005
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$ 14.95
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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."
Tags:plea, bargain, courts
A look at the pros and cons of plea bargaining.
Analytical Essay # 139684 |
750 words (
approx. 3 pages ) |
1 source |
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Abstract
This paper describes plea bargaining, and the pros and cons of using this process rather than sending a case to trial. According to the paper, generally the defendant pleads to a lesser charge or for lesser punishment in return for an admission of guilt and a waiver of the right to a trial. This process is helpful as it speeds up the legal system and gives an incentive for the accused to cooperate.
From the Paper
"Plea Bargaining is generally defined as a set of negotiations between the prosecution and the defense in a criminal case. A defendant generally pleads guilty to a lesser charge or to fewer charges and in turn receives a less severe sentence. This is also known as "copping a plea" (Hill & Hill). The prosecution benefits from a plea bargain because it does not have to prove its case in court. The defendant benefits as he/she gets a lighter sentence than if found guilty in court. The state benefits because it saves the costs, time and manpower needed for a trial. Many people favor..."
Tags:defendant, plea, prosecution
This paper evaluates plea bargaining, which has become pervasive in the U.S. legal system.
Research Paper # 68171 |
3,240 words (
approx. 13 pages ) |
9 sources |
APA | 2006
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$ 55.95
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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."
Tags:benefits, rules, no-contest, settlement, prosecution
A discussion on plea bargaining in the American judicial system.
Argumentative Essay # 112994 |
768 words (
approx. 3.1 pages ) |
4 sources |
APA | 2006
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$ 16.95
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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."
Tags:judicial system, criminal justice
A research proposal to explore public opinion and perceptions as they relate to plea bargaining in the criminal justice system.
Research Proposal # 108372 |
1,497 words (
approx. 6 pages ) |
12 sources |
APA | 2008
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$ 29.95
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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."
Tags:crimes, trials, jury, court, sentences
A research proposal that examines public opinion regarding plea bargaining and its effect on sentencing decisions of the criminal justice system.
Research Proposal # 108182 |
1,497 words (
approx. 6 pages ) |
12 sources |
APA | 2008
|
$ 29.95
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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).""
Tags:violence, punishment, enforcement, prosecution
A discussion of the costs and benefits of plea bargaining and whether plea bargaining can be reformed.
Analytical Essay # 28663 |
1,168 words (
approx. 4.7 pages ) |
4 sources |
MLA | 2003
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$ 24.95
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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."
Tags:sentance, charge, criminal, court, case
An overview of the pros and cons inherent in the concept of plea bargaining, which has been used for the disposal of legal cases.
Essay # 45738 |
1,550 words (
approx. 6.2 pages ) |
5 sources |
MLA | 2002
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$ 30.95
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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."
Tags:trial, court, prosecutor, defendant, judge
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.
Argumentative Essay # 56783 |
1,350 words (
approx. 5.4 pages ) |
4 sources |
APA | 2004
$ 27.95
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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."
Tags:caseload, judge, disciplinary, responsibility, rights