Wednesday, April 18, 2012

Cop A Plea?

Cop a Plea?


      In many circles of the criminal justice arena, plea bargains are quite controversial. A plea bargain is a guaranteed conviction for the prosecution and a way for criminals to be punished less severely than the mandated penalty for the crime they commit. It begs the question, "why even have laws and mandated penalties if they can, and most of the time are, changed to make it easier for the system as a whole?" 


     For many defendants a plea bargain can seem like a good deal when the evidence seems to stack highly against them. I mean, who wouldn't take less time when they know they are dead to rights. The other side of the coin is the fact that dangerous criminals who break the laws are going to be on the street much sooner because of the plea bargain system. They will more than likely commit another crime and once again go through the system and one must wonder with recidivism the way it is does plea bargains really save the courts that much time?

      Plea bargains may not always be in the best interest of suspects. 

"Some experts say the process has become coercive in many state and federal jurisdictions, forcing defendants to weigh their options based on the relative risks of facing a judge and jury rather than simple matters of guilt or innocence."

- The New York Times


     
      Some facts about plea bargaining: Roughly 90% of all cases end in plea bargaining which means that the trial by jury system that America is so proud of was never used.(heinonline.com)


      The overall question of this blog is who does plea bargaining help and who does it hurt? Prosecutors trump up charges to scare suspects into taking lesser pleas. One would have to imagine that innocent people have taken plea bargains because the punishment from the bargain was far less than the potential punishment if they were found guilty. It also helps the United States overworked system. Without plea bargains it would be impossible for cases to be heard in a timely manner. Prosecutors and public defenders both have ridiculous case loads and the use of plea bargaining helps them do their job. Criminals get lesser sentences which is an obvious plus.

      Even with all the so called benefits I believe plea bargaining undermines the American Justice System. How is one to put faith in a system that contradicts it's very self? Plea bargains will stay around for a while and create many controversial issues along the way. In the end, it is an imperfect fix for an imperfect system.










http://www.nytimes.com/2011/09/26/us/tough-sentences-help-prosecutors-push-for-plea-bargains.html?pagewanted=all

http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/clr79&div=11&id=&page=


http://criminal.findlaw.com/criminal-procedure/plea-bargain-pros-and-cons.html


11 comments:

  1. The plea bargains that are used in the criminal courts are typically used for a good purpose. It allows the state prosecutor to basically bet on the fact that the state can convict the suspect. If the offender is confidently innocent, the idea is that he/she will use the rights afforded and use the jury/bench trial to require the state to convict the suspect on solid offense. The plea system allows for the system to say, "listen, we know you did, take a lighter sentence, say both parties time, and lets get this thing over." It is easier on both parties and allows the suspect to either admit his guilty by taking a plea bargain, or go through with his/her rights and bring it to a high form of trial.

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  2. The plea bargains used in the criminal courts are primarily used because it sometimes is easier for the suspect to admit to his crimes or to take a plea bargain. Which we learned in some cases that the bargain is sometimes isn't better in the long run because a person must admit that they are guilty. And if a lawyer tells you to admit guilt then it looks horrible when you try to go up for parole in the future. On a plus side it helps the prosecutor get a conviction on that specific suspect.

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  3. 95% of all cases are settled by plea bargain these days. I think that if we suddenly stopped plea bargaining we would crash the criminal justice system. We wouldn't be able to keep up with the demand of a trial for every crime. We would either have to legalize almost everything or become a nation of large prisons surrounded by small towns.

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  4. I must agree with Josh. If we were to not have plea bargaining then it would definitely cause an overload in cases. I think it works both ways though. I think it is good for the system but bad for the defendants who take the guilty plea instead of going to court and trying to claim their innocents.

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  5. As we all know most cases never go to trail but most take plea bargains. But then again people that know they are innocent are more likely to go to trail and risk the chance of being found guilty because they have faith in the system. I dont really know what I would do in this situation. I would probably look at the case against me and try to understand whether or not a jury of my peers would find me guilty..etc. Good blog!

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  6. I think plea bargaining has its good effects and bad effects. What I don't like about it is the fact that a in some cases people who are not guilty of the crime plead guilty to it because they are given a plea and advised by their lawyer that its a good deal and to just take it instead of wasting money fighting a case. I think this messes with the true nature of the Criminal Justice System.

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  7. I think that plea bargaining has both positive and negative aspects to it. on one hand I do think that it can be a good thin because it speeds up the court process and those who know they are guilty serve a fair amount of time. It also makes jails and prisons less crowded then they already are. On the other hand it does make those who are guilty have to serve less time then they could originally be charged with if they went to court. Also I think it makes those who are innocent plea guilty because they do not have the finances to go though the lengthy court process.

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  8. I think the plea bargin helps the guilty people out. My family takes in foster kids and we had a famliy that was sexual assualted by their mom and step dad. The mom took a plea bargin and she only got 14 years when really she should be in there for life for what she did to a 4, 6, and 7 year old. The step dad didnt take the plea bargin because he didnt think he was guilty because the mom was the ring barrer or the assults and he ended up with 117 years in prison. Both of them should have gotten the 117 year sentance. This is why i dont think plea bargins should be able to be taken for some cases!

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  9. I'd just like to start off by saying no plea bargain is good enough for an innocent man/woman. I think plea bargains are crucial to the criminal justice system. Lets face it not every crime needs to go to trial. We could not afford to try everyone ever convicted. Its up to the individual criminal justice players to maintain just plea bargains.

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  10. The plea bargain is another common controversial topic that us in criminal justice talk and discuss all the time. I understand that the plea bargain speeds up the court system, but sometimes some offenders do not always know what they plead for. They sometimes think they are getting a great deal, but in the end they may be getting screwed over. Also, lawyers sometimes convince the offender to take the plea bargain when they may not want to. I can also understand that when a person is guilty then a plea bargain should be established. Sometimes the court system needs to not always look for shortcuts, and try to treat every case equally.

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  11. Plea bargains are often seen by the public as a way for criminals to get off easy, but many times it is quite the opposite. Yes, the process is much faster and may seem like the criminal is not getting what they deserved, but people often forget that criminals give up their right to a trial among other rights in the constitution when they accept a plea bargain.

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