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Types and Processes of Plea Bargaining

            Plea bargaining is a process in which a person who is accused of a crime is allowed to say the he or she is guilty of a less serious crime in order to be given a less severe punishment. [Mer15] It is the process of negotiating a reduced charge for a defendant with the prosecutor if the defendant pleads guilty to the charges. Plea bargains can also be used to take down larger criminal activity, by negotiating a lighter sentence for the "pawns" in the crime if they are willing to testify to the crimes of the "Mastermind." In 2002, one of the world's largest long-distance telephone companies, WorldCom, announced that its accounting practices had been fraudulent. [Joh06] In this case, two board members struck deals with the prosecutor in order for the prosecution to gain evidence and testimonies against the Chairman that was behind the fraudulent activity. Plea Bargains have helped put away many people who would have not been convicted if not for testimonies of recipients of the plea bargain. .
             Plea bargains are a great asset to the criminal justice system in the battle against organized crime. Unlike other criminal activity organized crime is almost like a corporation, there is a main boss and then employees, the boss is usually not directly involved in any crime. The boss leads and directs the pawns to do the dirty work while the boss is safely far away from where the crime is happening to have deniability of the criminal activities should the pawns be caught. Plea bargains have enabled the pawns to get lighter sentences for small crimes such as robbery, in order to bring down the boss for larger crimes which will in turn prevent other crimes from being committed. Plea Bargains bring a lot of controversy because they do allow criminals to get a lighter sentence and many people believe that it is unjust for them to get off with the lighter sentence, but without the support of plea bargains certain types of criminal activities can continue to operate, the boss would have recruited another pawn and the crimes would continue.


Essays Related to Types and Processes of Plea Bargaining

1. Plea bargaining

There are two types of plea bargaining: Sentence bargaining and Charge bargaining. ... Plea bargaining is a settlement of criminal cases, in an informal process of negotiations, between the prosecutor and the defense counsel. ... (Plea Bargains: How Most criminal Cases End 20/3) Plea bargaining is prevalent for practical reasons. ... With the plea bargaining process, the prosecutor and defense can avoid time and spending tax payer's money on a trial. ... Depending on the size and type of prison that is being built. ...

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2. Plea

Black's defines plea bargaining as: The process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval. ... Implicit plea bargaining involves situations where defendants do not negotiate for certain concessions but instead are presented with the fact that if they go to trial they will be punished more severely.[14] Despite the lack of formal agreement for this bargain, this type of plea bargaining is often made quite explicit to the defendant but not subject to court approval. ... "[18] This ...

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3. Frye v. Missouri and the Rights of Due Process

State of Missouri, 311 S.W. 3d 350, raises the issue of whether or not the defendant has been denied his rights of due process wherein the legal assistance provided to him failed to communicate a generous plea bargain offered by the prosecution. ... Ct. 1473 in 2010, "to obtain relief on a claim of ineffective assistance of counsel following a guilty plea a petitioner must convince the court that a decision to reject the plea bargain would have been rational under the circumstances. " Frye's case clearly demonstrates that it would have been an absolutely rational decision to accept the pl...

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4. America's Failing Criminal Justice

They have a disadvantage in regards to legal-process such as trial penalty, sentence reductions, criminal history, and a type of attorney. ... Plea-bargaining Marissa Alexander was offered a plea bargain during her trial but she turned it down. ... Plea bargaining is accomplished by giving the reality of the judicial process, and how the existing practice can be modified through public policies. Plea-bargaining has raised questions throughout the years, such as who gains and who loses from plea-bargaining? ... Plea bargaining assures a conv...

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5. Criminal Justice-The Court System

They use discretion in deciding the number of charges because the more they add, the better the chance at a plea bargain. The prosecutor does not have complete control in plea bargaining however. ... They are specialist in criminal law and unlike appointed and contract attorney; they don't sacrifice their clients to protect their own money needs. 8) Explain the benefits of plea bargaining: There are some benefits of plea bargains. ... It also reduces the amount of time that suspects spend free on bail. 9) Explain the criticisms of plea bargaining: Some people think plea bargaining ...

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6. The American Criminal Justice System

There are four types of pleas; guilty, not guilty, nolo contendere (no contest), and failure to enter a plea. If there is a failure to enter a plea by default it is a not guilty plea. Attached to the fifth part is the sixth, the plea bargain, which can create problems. For example, is being charged with first degree murder, is innocent, but thinks the evidence is strong enough to convict, the prosecutor can propose a plea bargain. ... "Types Of Criminal Pleas." ...

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7. Crime Control Vs Due PRocess

Your paper should be approximately 5-6 pages in length, typed, double-spaced, with 1" margins, and 12 point font. ... Due Process Model An ideal type used to capture one side in the debate over the central values or practices of the criminal justice system. ... One of Packer's two models of the criminal justice process. ... The due process model is based on the doctrine of legal guilt and the presumption of innocence Crime Control Model An ideal type used to capture one side of a debate about the central values or practices of the criminal justice system: should the central value be ...

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8. Victims and the Criminal Justice System

In our current criminal justice system, victims are intimidated by the entire process. ... Allowing the victim to give their input during plea bargaining and giving victim impact statements are other issues being debated upon. Advocates believe that the victim should be present for plea bargains and that they should be allowed to share their requests for plea bargains. ... This type of coverage does not invite the victim to come forward and admit to their victimization. ... Priority is making the victim feel safe and helping them through the process. ...

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9. History of Criminal Justice System

As a group, the foundation studies brought to light some of the hidden or low visibility processes that were at the heart of justice system operations. ... Consequently, a system known as plea bargaining has developed: defendants are asked to plead guilty as charged in return for consideration of leniency or mercy. Such "bargain justice: is estimated to occur in mor than 90 percent of all criminal trials. ... Different types of institutions are used to hold offenders. ... The process of justice Although each jurisdiction is somewhat different, a comprehensive view of the processing of a...

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  • Grade Level: Undergraduate

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