LSDT400Answers 2Bids 17Other questions 10
150 WORDS AGREE OR DISAGREEDiscuss some of the reasons why a prosecutor would offer a defendant a plea agreement.Plea bargains serve a purpose for courts. Some reasons prosecutors offer them include: Reducing the number of cases going to court. Sometimes, it is easier for a prosecutor to offer a plea bargain than take a case to court. After all, the court system is already overcrowded. Judges will accept plea bargains to reduce the burden on the court too. Prosecutors need to focus on some cases. A prosecutor is overburdened with cases every week. To focus their efforts on bigger cases, they may offer plea bargains to cases with first-time offenders or lesser charges so that they can reduce the strain on their schedule. Defendants can save time and money. Going to trial costs money and takes a considerable amount of time. For the defendant on a limited budget or that wants to get their case over with, a plea bargain speeds up the process and lets the defendant get on with their life.Discuss your thoughts on plea-bargaining.My thoughts on plea bargains are a common part of the criminal justice system; with approximately 90 percent of criminal’s cases conduct some kind of plea-bargaining, whether it is charge bargains, sentence bargains, and fact bargains. I believe it cuts down on litigation and the costs associated with going to actual trail. It speeds up the process for a speedy trail or avoids a trail all together saving time and money. I believe it allows prosecutors to focus on cases that are more egregious or cut down backlog within the court system.Discuss the constitutional requirements of entering a guilty plea.The United States Supreme Court has decided that guilty pleas and plea-bargaining are constitutional. The reason for this is that pleas must be voluntary and knowing. Moreover, judges must determine whether the plea has a factual basis. If a judge determines that a plea has a factual basis, the Courts can accept a guilty plea from a defendant who maintains his or her innocence. The Rampart Scandal is an example of individuals who pled guilty despite maintaining their innocence. In an interview after his release, one of the individuals who had been wrongly convicted stated that he took the plea deal (two years) because his family needed him, he needed to work, and he could not afford to risk being away from his family longer than the two-year sentence should he go to trial and lose.What are the differences between a bench trial and a jury trial? Discuss the advantages and the disadvantages of each.A bench trial takes place in front of a judge only; there is no jury involved. The judge is both the finder of fact and ruler on matters of law and procedure. This means that the judge decides the credibility of the evidence presented at trial and also decides what happens at the trial according to laws and rules of procedure. A bench trial can be beneficial when people want a speedy resolution to a legal matter. Bench trials usually take less time than jury trials because the attorneys do not need to go through the jury selection and instruction process. Bench trials also tend to be slightly less formal than jury trials. A bench trial may also be useful in particularly complex cases that a jury might not understand.The drawback to a bench trial is that there is only one finder of fact, so there is not the opportunity that exists in jury trials for at least one person to agree with a given side.In a jury trial, a jury composed of members of the community is present at the trial to act as the finder of fact. The jury listens to the evidence that each side presents during the trial and renders a verdict based on how persuasive each side’s evidence is. The judge handles questions of law and procedure during a jury trial, such as addressing attorneys’ objections to questions or evidence or ruling on motions that the attorneys make. The benefit of a jury trial is juries do not need to answer to anyone for the decisions they make, whereas judges may be influenced by the fact that they face re-election or review from the governor to keep their jobs.The drawbacks to jury trials are that they are time-consuming and jurors may not always follow the law, instead rendering verdicts based on emotions.Do you think the prosecutor is given too much discretion to determine the charges placed on a defendant?YesDo you think the prosecutor is given too much discretion to offer a defendant a plea agreement? YesDiscuss why and remember to support your position.Criminal justice professors Joseph Senna and Larry Siegel propose the true measure of a prosecutor. In their view, a litmus test for the integrity of a prosecutor is how he or she answers the following question: “When you exercise discretion, are you more concerned with fairness, the likelihood of conviction, or political considerations?” There has been abuses of power by prosecutors that have not gone unnoticed by the judiciary. There have been movements by some judges to limit or control prosecutorial discrestion.Prosecutors exercise the most discretion in three areas of decision-making: the decision to file charges, the decision to dismiss charges, and plea-bargaining.Prosecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases. Prosecutorial power is vast and unrestrained, and the mechanisms that purport to hold prosecutors accountable are weak and often totally ineffective.References;Apus Staff. (n.d.). Lesson Six. Court Proceedings. Retrieved from https://apus.realizeithome.com/RealizeitApp/ContentDelivery.aspx?Token=DCqXLO54nDJ8aVCp1jEEQ6GpCvfFI%2fK7thTqtt6IQWsLk9ddGD1jLc3l8ejK59DbRHkdhAzZPlk3vsagP1tuPNOlTBgcUZmwVBdx6YAN9eEte53T3T%2fkcDwHCgqWq8AMN4ajm7gv7Y8zxJA6t%2bZQ4i35EOHw79zSNpummFRJ25Cs2C1rbg%2fiBWHBVq146m8WtRVVT1qoq7wkbdaX4l1B3QsnwPOFRKqZe4UZoyONPjFcdRi%2fHemqaWctrkPrXKTatQO0FDMz2bSz3bxPzXiYT9J%2fWd%2bQiKntdYhV5MDIgSH9C5J1rn%2fE3UlsItrD%2fiwqNYEMwFwytZ3FyB0r0ZyH7uuJTcoy0xQ2Jqzo5xUjgX9E9B6lnPhbd97wAq7nSSSBCueYH8Pc5yS7JI25X8ga748q3zj9iMigRXNHxAilH63AM4aaLZw8WkGfQOXU0V6n5c5MvUq35ZyFsCnnjPV0ig%3d%3dMark S. Rubinstein, P.C., Why do Prosecutors Offer Plea Bargains? Retrieved from https://rubinsteinlawoffices.com/prosecutors-offer-plea-bargains/Rome McGuigan.P.C., What is the difference between a bench trail and a Jury trial? Retrieved from,https://www.rms-law.com/Articles/What-is-the-Difference-Between-a-Bench-Trial-and-a-Jury-Trial.shtmlProsecutorial Discretion, Retrieved from, https://www.cliffsnotes.com/study-guides/criminal justice/prosecutors/prosecutorial-discretionAngela J. Davis, « The Power and Discretion of the American Prosecutor », Droit et cultures, 49 | 2005, 55-66.
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