Plea Bargaining And Prosecutorial Discretion - 1112 Words

Plea bargaining and prosecutorial discretion are two crucial components in criminal procedure. The prosecution has leverage over which charges they wish to pursue against a defendant, while the defendant has the choice of adjudication of guilt. Being that time is a critical factor, each party has to weigh the pros and cons before making any decisions. The prosecution aims to enforce the harsher punishment where more time is served, whereas the defendant intends on serving the least time possible. Both subjects use strategically approaches that best benefit their party. Prosecutorial discretion abides by several guidelines and rules. As stated in the Supreme Court case, Brodenkirhcer v. Hayes (1978), â€Å"so long as the prosecutor has probable cause to believe that the accused committed an offense defined by statute, the decision whether or not to prosecute, and what charge to file or bring before a grand jury, generally rests entirely in his discretion† (Whitebread Slobogin, 2008, p.591). Subsequently, nearly 75% of criminal cases presented in the federal courts result in dismissal; within state jurisdictions defendants are prosecuted 50% of the time. However, of those cases indicted, both federal and state, 95% result in conviction by guilty plea (Whitebread Slobogin, 2008, p.592). Although, prosecutions ultimate goal is to impeach defendants perceived guilty, there are several things that prohibit them from doing so. The most common reason for non-prosecution being theShow MoreRelatedThe Mandatory Minimum Sentencing Laws1613 Words   |  7 PagesCurrent mandatory minimum sentencing laws are in dire need of reform. A mandatory minimum sentence is a court decision where judicial discretion is limited by law. As a result, there are irrevocable prison terms of a specific length for people convicted of particular federal and state crimes. As of January 2014, more than 50 percent of inmates in federal prisons are serving time for drug offenses, and more than 60 percent of people incarcerated are racial and ethnic minorities. The use of safetyRead MoreThe Purpose of the Legislative Branch in Democratic Governmental Systems1661 Words   |  7 Pageswhat the moral and behavioral standards might be in society and, for the most part, these laws are applied uniformly and assist in making sure that certain unacceptable behaviors are sanctioned. The fact is, however, that there remains considerable discretion in the hands of the police and prosecutors in determining not only who is arrested and prosecuted but also as to how severely each defendant is to be charged and prosecuted. Such decisions are known as charging decisions. The actual criminal statutesRead MoreThe Plea Bargain Essay1305 Words   |  6 PagesThe plea bargain, a familiar term to most Americans. It is a procedure that for many years I associated with offering flexibility and rights citizens guilty of crimes. I thought of it as a way to implement justice with compassion. My opinion changed after seeing the impact of a plea bargain on the victims family member, who is a close friend of mine. This opinion was further solidified with watching the YouTube video, Ritter plea bargain. With research I continue to find prejudice, racism, injusticeRead MoreA Review of the Literature: Plea Bargaining and Ethics in the Criminal Justice System1913 Words   |  8 PagesLiterature: Plea Bargaining and Ethics in the Criminal Justice System | | | Plea bargaining is a significant portion of today’s criminal justice system. As Chief Justice Burger stated, â€Å"The disposition of criminal charges by agreement between the prosecutor and the accused, sometimes loosely called ‘plea bargaining,’ is an essential component of the administration of justice. Properly administered, it is to be encouraged† (Santobello v. New York, 1971). The practice of plea bargaining hasRead MoreEthical Considerations in the Criminal Justice Systems3505 Words   |  14 PagesEthical Considerations Introduction Since the 19th century, plea bargaining has become an important part of the criminal justice system. This is because prosecutors have often been overwhelmed with a tremendous amount of cases. At the same time, the cost and time involved with conducting a trial can become an added burden. To address these challenges, most district attorneys will use plea bargaining as way to dispense justice and reduce their backlog in cases. (Fisher, 2004, pp. 40 62) HoweverRead MoreThe Wedding Cake Model of the Criminal Jusice System1303 Words   |  6 Pagesto the defendant and he is informed of his rights. The defendant enters a plea of guilty or not guilty. If pleads not guilty, bail issues are then considered. Bail/detention Either bail is ordered by the judge or the defendant is released on his own recognizance. If bail is ordered, the defendant must come up with the money to be released pending a trial date, or he will remain incarcerated until his trial. Plea bargaining Where a defendant pleads guilty in return for a lighter sentence or a reductionRead MoreCompare and Contrast Policies2495 Words   |  10 Pages(Zalman, 2008) In the following paper, plea-bargaining and the three strikes law are chosen I will discuss the policies conflict, and crime control model versus the consensus and due process model. In addition answers will be given to questions about the effects on law enforcement, courts, differences between State and Federal and local polices, and how to see the effectiveness of these polices. Compare and Contrast of Policies Plea Bargaining The use of plea bargaining is very controversial in the criminalRead MoreAutomatic Transfer Law: An Effective Policy? 1218 Words   |  5 Pagesand 61 females. The participants had experienced both delinquency and family court with an average of 13.7 years of experience. The judges in this case had substantial experience with juvenile transfer cases, where they had the ability to exercise discretion. For the survey sent out, a judge had to evaluate a case of a sixteen year old male juvenile who committed a serious offense and to help the judge there was also a psychological report on the Kent concepts. For this juvenile, his level of dangerousnessRead MoreIndustrialization And Social Change During World War II3764 Words   |  16 Pagestrust in police knowledge. Without this, there is an uncertainty of higher levels of crime in the future. 2. Describe and analyze the role of the prosecutor in pursuing justice by applying Systems Theory. Be sure to assess their use of discretion, their decision to prosecute, their impact on sentencing, and their accountability to the public. What are some of the possible reforms and what are the constraints to change? †¨ A prosecutor decides the fate of adult felons 15 times more than aRead MoreEssay on Plea Bargaining Assignment4461 Words   |  18 Pagesï » ¿PLEA BARGAINING Plea Bargaining is the central feature of modern criminal justice system. It is also known as Pre-trial settlement, plea discussions, plea negotiations, resolution discussion etc. In its most traditional and general sense, â€Å"plea bargaining† refers to pre-trial negotiations between the defendant, usually conducted by the counsel and the prosecution, during which the defendant agrees to plead guilty in exchange for certain concessions by the prosecutor. The concept of plea-bargaining