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建立人际资源圈Plea_Bargaining
2013-11-13 来源: 类别: 更多范文
Plea bargaining can be effective and ineffective to both the defendant and the criminal justice system. In terms of the defendant plea bargaining can benefit them in several ways. If the accused has multiple charges and enters a plea, chances are some of the charges will be dropped and several years in jail may be eliminated. Plea bargaining can also save the defendant money oppose to paying expensive attorney fees, entering a plea will allow them to resolve the issue sooner. Plea bargaining also has its downfalls. When entering a plea it appears as though the crime control model persist meaning the defendant is assumed guilty of the crime they were accused of. (Heumann,Milton 2000). Often time’s innocent people choose to enter a plea because they are afraid of going to trail and possibly receiving a harsh penalty. Many argue that plea bargaining is unconstitutional especially in the eyes of the victim, because a guilty person may have charges dropped, or reduce if they enter a plea of guilty without going to trial (Heumann, Milton 2000).
Plea bargaining can be effective and ineffective for our criminal justice system. If a defendant accepts a plea this will alleviate going to trail and cases that are set for trial will be attended to sooner. Judges can issue probation oppose to sentencing the accused to several months in an already overcrowded criminal justice institution. The defense attorney will spent less time on the case if a plea is entered and accepted. Our court system depends on plea bargains because it allows cases to move quicker. Many believe that our court system has become too lenient in reference to criminals, because plea bargaining open doors for less harsher penalties. Although defendants may receive lighter sentencing when entering a plea, if for some reason evidence is presented later that proves beyond a reasonable doubt they are innocent they will not have the opportunity to appeal the case.
After researching the ineffectiveness and effectiveness of plea bargaining, we became aware that more than 70% of criminal convictions are a result from negotiated pleas (Vogel 1999). We believe that plea bargaining does effect the criminal justice system in a positive way because it helps everyone involved in the process. The victim will receive assurance that the accused received a guilty conviction. The accused will receive a lighter sentence, and cases are moved through the courts expeditiously saving time and money.
References
Heumann, Milton 2000. Plea Bargaining: The experiences of prosecutors, judges, and defense attorneys
Vogel, Mary 1999 The social origins of plea bargaining conflict and the law in the process of state formation

