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Plea Bargain Revised

Autor:   •  August 6, 2017  •  919 Words (4 Pages)  •  611 Views

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Is there any disadvantages of plea bargaining? Yes there is and according to www.resource.lawinfo.com, the same article claims that “the prosecution is capable of presenting accused with unconscionable pressure, and even though the process pleas as controlled, there are chances of it being coerced”. This means that the prosecution is capable of taking full advantage of accepting the criminal act in weakest trails. But it is most likely that it’s most likely the trial ends in acquittal, the more beneficial a guilty claim is for the prosecution. And on that same website, another disadvantage of plea bargaining is that “if you know that you’re innocent and agree to plead guilty, then you’ll likely pay a fine or be imprisoned for a criminal act that you didn’t commit”. Doesn’t that sound like a terrible disadvantage?

Can plea bargaining reflect or thwart the crime control and the due process crime models of criminal justice? As a matter of fact it can. According to www.occupytheory.org, the article states that “the cost of trials and despite the due process concern, guilty pleas will remain the dominant form of disposition of cases resulting in convection”. Furthermore, a form of plea bargaining will be determined by compromise among crime control, due process, and also economic concerns. The article also says “plea bargaining as practiced in superior courts was shown to reduce criminal activity, even when sentencing concessions that were exchanged for guilty pleas”. The direct effect was to increase criminal activity, largely because of the incapacitate effect of imprisonment. But however, when sentence concessions were awarded in robbery cases, the indirect ability of the guilty plea process to increase prosecutions. And the convictions was judged to offset increased, resulting from sentence concessions. But overall, enhanced evidence-gathering and also improved witness cooperation would be consistent with both crime control and due process concerns.

In conclusion, there are many situations in which plea bargaining can go wrong. What was learned in this paper is that there are many advantages and disadvantages in plea bargaining, the difference between charge bargaining and sentence bargaining, and how plea bargaining can reflect or thwart the crime control and due process models of criminal justice. Usually; when you think of plea or pleading, you think of asking for forgiveness. And that’s what it basically means, so a lot of knowledge was obtained throughout this paper, and all of the advantages and disadvantages were evaluated for the process of plea bargaining.

Works Cited

(n.d.). Retrieved May 12, 2015, from http://www.americanbar.org/content/dam/aba/migrated/JusticeCenter/Justice/PublicDocuments/judicial_selection_roadmap.authcheckdam.pdf

(n.d.).

Retrieved May 17, 2015http://www.caselaw.lp.findlaw.com/scripts/getcase.pl?=PublicDocuments/US_selection_466&invol=432=668

Advantages and Disadvantages of Plea Bargaining. (2014, April 24). Retrieved May 17, 2015.

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