Term Paper on "Plea Bargain"
Term Paper 5 pages (1299 words) Sources: 5 Style: APA
[EXCERPT] . . . .
plea bargaining system in the United States. The writer explores the history of the system and the pros and cons of its use.The American justice system promises everyone the right to a fair trial by a jury of peers. While the idea is sound in theory, there are many factors that make it inconvenient in several arenas. A trial by jury is often time consuming and costly to the taxpayers The prosecutors have to have time to prepare a case, and if the defendant cannot afford to pay a defense attorney the public defender's office will provide one, at taxpayer's expense.
In recent years the American public has pushed for harsher and longer sentences as well as more frequent prosecution of those accused of committing crimes which translates to the court dockets becoming overcrowded (Fisher, 2003). Jury selection is another factor in the inconvenience of a jury trial as many people work to get out of serving on a jury.
One of the most common solutions in America to the judicial overload dilemma is the plea bargain system.
WHAT IT IS Before one can begin to understand the benefits and problems of the plea bargain system one needs to first understand what it is and how it works.
A pleas bargain is what occurs when someone is charged with a crime and does not want to go through the trial process (Fisher, 2003). The prosecutor on each case gathers the evidence that the law enforcement agency has put together, as well as the reports from any other agencies or witnesses in the case. Once that information is compiled the prosecutor makes a determination about whether or not to proceed with a case.
If
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If, however, the prosecutor feels there is enough evidence to go through with the case, a trial date is set.
The prosecutor at this point or any other time throughout the process may decide to offer a plea bargain. In addition the defense attorney has the ability to go to the prosecutor and offer to have the defendant enter a plea bargain (Carney, 1999).
A pleas bargain means that the defendant will plead guilty without going through a trial and in exchange for that guilty plea a sentence will be given. Plea bargains usually involve the agreement to have the defendant plead guilty to a lesser charge than the original charge entailed.
An example of this would be a defendant that is accused of murder and enters a plea bargain for a guilty plea to manslaughter.
Another example of plea bargaining can cross the lines from felony to misdemeanor. A defendant accused of a felony may enter a plea bargain at the agreement of both parties to a misdemeanor and in this way avoid going into criminal court, possibly getting a felony conviction, which can be life altering (Fisher, 2003).
HISTORY
Plea bargaining came into existence shortly after the foundation of the nation however, it did not gain popularity until late in the 20th century. In the last few decades plea bargaining has taken on new importance as it has begun to overshadow actual trials in America's court system.
Historically prosecutors have introduced plea bargains when they have been in a position of power with an upcoming trial. They have been likened to a primordial instinct of the soul of prosecutors (Fisher, 2003).
The beginning of the plea bargain system can be traced to Middlesex County in the middle tier courts. Between the years of 1787 and 1849 plea bargains were available and used but they were considered a rarity instead of the norm.
During those years when plea bargains were offered and accepted two thirds of the cases happened in cases of alcohol charges.… READ MORE
Quoted Instructions for "Plea Bargain" Assignment:
“The term paper should be 5-8 pages including an appendix. There needs to be evidence that a substantial number of additional readings were selected from professional journals (do not use newspapers, magazines, etc. as references). At least 5 minimum references. APA format. I was not given a quote on the number of quotations, but 3-5 per page will be sufficient. I would like the paper to include a little history of plea bargaining and the pros and cons of plea bargaining with some statistics. *****
How to Reference "Plea Bargain" Term Paper in a Bibliography
“Plea Bargain.” A1-TermPaper.com, 2006, https://www.a1-termpaper.com/topics/essay/plea-bargaining-system/653218. Accessed 5 Oct 2024.
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