Thesis statement for plea bargaining
It is a way to have a defendant plead either no contest or guilty to charges that are brought against them without the cost of a trial. Prosecutors will usually agree to reduce charges, recommend lower sentence lengths, or make some other compromise in exchange for the plea.
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The primary advantage of plea bargaining is that it speeds up the processes of the justice system. A criminal trial will take several days in many circumstances.
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A plea bargain makes it possible to skip this and go straight to a judge to discuss sentencing. The primary disadvantage of plea bargaining is that it can still put innocent people in jail.
Here are some additional advantages and disadvantages of plea bargaining to take a look at today. List of the Advantages of Plea Bargaining 1. It removes uncertainty from the legal process. Defendants who take a plea bargain eliminate the plea bargaining that a trial may bring. It is also a way to take away the maximum sentence that could be imposed if they were found guilty by a judge or a jury.
In the United States, nearlypeople are held in prison with charges, but are awaiting trial, which means they do not have a conviction. Plea bargaining speeds up this process. It creates certainty for a conviction.
Plea Bargaining in America: An Overview & Conversation [POLICYbrief]
Prosecutors are also gambling when they take a defendant to trial. There is always a chance that the jury will find the defendant not guilty. By agreeing to a plea bargain, it creates a certainty for a conviction.
It gets that person off the street or assigns a penalty that can still bring a measure of justice. That allows prosecutors to pursue other cases because they have more time. It can be an for plea bargaining negotiating tool. One way to secure read more for a large case is to offer a plea bargain that includes testifying against another person. This process allows prosecutors to put everyone involved in a serious case into prison and allows them to pursue the maximum sentence against the person or people they feel are most responsible for a crime when it occurs.
It provides more resources for the community. If a case is taken to thesis statement for, every police officer involved in the investigation that led to charges may be asked to testify during the proceeding. Law enforcement officers from other agencies may be called upon. It reduces population levels in local jails. Many who are awaiting trial are kept in jails at the local level. These jails are usually run by city or county officials and provide little in the way of rehabilitation, education, or therapy.
They are holding centers with a bed, meals, and not much else. With a plea bargain moving cases through the criminal justice system faster, it becomes easier to give people the resources they need if they wish to make changes in their lives. List of the Disadvantages of Plea Bargaining 1.
It removes the right to have a trial by jury. In the United States, every person has a Constitutional right to have a trial by jury. Offering a plea bargain to avoid this trial may seem like a coercive attempt to waive those rights.
Opinion - The plea bargain trap
Pressuring a defendant into accepting a plea deal could be deemed illegal. A defendant must always have the right to take their case to trial for a plea bargain to be an effective tool. It may lead to poor investigatory procedures. Attorneys and law enforcement officials may not spend time to prepare a case because they have an expectation that it will plead out.
Essay on Plea Bargaining Assignment: thesis statement for plea bargaining
It still creates a criminal record for the innocent. An innocent person may agree to a plea bargain to cut their theses statement for plea bargaining. That agreement means they will have a criminal record.
They may be asked to serve time in prison. There may be fines or restitution to pay. Judges are not required to follow a plea bargain agreement. The prosecutor and defendant may agree to a plea bargain, but a judge can void that agreement.
A judge is not usually required to follow a plea bargain. They can impose longer sentences or decide that no sentence should be imposed. A judge can also require a case to go to trial if they feel like a plea bargain is being offered in bad faith.
Plea bargains eliminate the chance of an appeal. If a case goes to trial and a defendant loses, there may be several grounds upon which an appeal may be filed. Because a plea bargain requires a defendant to plead guilty to the charges, even though they are reduced, it eliminates the ability to file an appeal in almost any circumstance.
It provides soft justice for the guilty. In many circumstances, a plea bargain provides a lighter sentence for someone, even if they may be guilty. It can be treated as an escape route for a prosecutor. Some may argue that a guilty plea and a guaranteed sentence is not the same as being found guilty and having an accurate sentence imposed.
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The advantages and disadvantages of plea bargaining may get criminals off the streets, but it could also put innocent people into prison. It opens up a court schedule, but changes the effectiveness of the criminal justice system. What are your thoughts about the use of plea bargaining in the criminal justice system?
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