Discussion Chapter on "Criminal Justice Theory and Policy"

Discussion Chapter 3 pages (1366 words) Sources: 3

[EXCERPT] . . . .

Criminal Justice Theory and Policy

Prosecution discretion and the constitution

The majority bring out the fact that the prosecutor is trying to abide by the laws that relate to plea-bargaining. If the prosecutor would, by any chance make threats to the accused, then the verdict by the majority would have been unfair to the accused. The defendant, therefore, would have had an unfair trial, which can make him charged unfairly. In my opinion, I agree with the decision by the majority in that they are considering the fact that the prosecutor has the responsibility of trying to convince the defendant to relinquish that he is not guilty. This would set the pace for a trial in which all the evidence against the defendant presented to the court. This sheds light to the case thereby ensuring that the whole story and scenario behind the case becomes apparent (McConville & Mirsky, 2009). The advantage to this, therefore, is that a fair conclusion of the case would present itself. The laws are in favor of the defendant in a case whereby the defendant pleads to a guilty plea and in consideration to this case scenario, the defendant pleads not guilty.

The prosecutor is rather being harsh to the defendant according to the opinion by the majority. The accused turns down the offer by the prosecutor, thereafter, the prosecutor goes ahead with placing charges that are worth to consider as harsh. This brings out a negative impression relating to the decision made by the prosecutor who seems to be a little bit hard to the defendant (McConville & Mirsky, 2009). This is not right when considering the law because the prosecutor should treat the defendant fairly. In the eyes of the law, the defendant is still innocent until found guilty of the charges against him. Alternatively, if the defendant had given in to the offer tabled by the prosecutor, then the charges against him would have been less harsh in comparison to the subjection of an obligatory life incarceration. If that is not the case, then the prosecutor might be up to making his work much simpler by expecting the defendant to agree to the plea-bargaining offered. It is mandatory that the prosecutor let the defendant decide for him or herself whether to plead guilty or not. The prosecutor should not force the defendant to make irrational decisions so that he can simplify his work. This is a selfish act.

The prosecutor has the right of persuading the defendant to agree on the plea-bargaining, but it is unfair that the charges that the defendant gets after dilapidating have to be harsh. It is, however, the defendant's option to make a decision on whether to agree or repudiate the offer tabled by the prosecutor (McConville & Mirsky, 2009). Another reason that supports the opinion by the majority is the fact that the law defies punishment of a person who contravenes what the law consents to like for this case where the prosecutor is obviously trying to present a "give-and-take" situation. A give a take scenario is one where the prosecutor expects the defendant to accept the plea-bargaining in order to lay less harsh punishment to the defendant.

To justify my decision, the court gives the prosecutor power to offer the plea-bargaining deal and try to ensure that the defendant agrees to the plea deal, but it does not allow the placing of harsh charges against the defendant. The prosecutor has to be considerate when making the decision in terms of charges not to be too harsh to the defendant. The court of law disagrees on having punishment to a defendant who declines a plea deal with the prosecutor. The defendant has the freedom to agree or decline the plea-bargaining because it is his right. This is a constitutional right of the defendant. The prosecutor should not at any time force a defendant to agree to his terms.

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