What are the standard arguments for the plea bargain?
What is the standard argument in favor of plea bargains? Pleading guilty instead of going to trial reduces uncertainty as to the outcome of a trial; in trying a case before a judge or before a jury of 12 people, the defendant cannot predict what ultimately will happen.
What is the most common criticism of plea bargaining?
The most serious concern with the plea-bargaining process relates to the possibility that an accused who is in fact innocent will be induced to plead guilty. While it is a requirement of law that an accused admit his guilt before a court accepts a plea, [18]other pressures may frustrate this principle.
What are disadvantages of plea bargaining?
Some disadvantages of plea bargains include:
- The defendant does not have the opportunity to have their case decided by a jury.
- It could lead to convictions of innocent people.
- Judges may not always approve a plea bargain.
- The victim of the crime could feel that the sentence is too light for the defendant.
What is a potential disadvantage of plea bargains?
Innocent defendants pleading guilty: The biggest drawback to plea bargaining is that innocent defendants decide to plead guilty to lesser charges to avoid the risk that they will be found guilty at trial. Despite being innocent, these people now have criminal convictions on their records.
What are pros cons of plea bargains?
However, they must also be aware of the disadvantages.
- Advantages. Here are a few of the advantages for criminal defendants who accept a plea bargain:
- Lighter Sentence.
- Reduced Charge.
- The Case Is Over.
- Disadvantages.
- Avoiding Problems with Prosecution’s Case.
- No “Not Guilty” Result.
- Possibility of Coercion.
Are plea bargains ethical?
Finally, it is posited that plea bargaining, in its present uncontrolled form, cannot be justified as ethical and rational, or supported as practical, when it disproportionately and adversely im- pacts the poor and minorities.
How does plea bargaining benefit the victim?
Plea bargains allow victims to avoid testifying in court, which may be frightening or upsetting, especially for victims of violent crimes. Some victims also appreciate the certainty provided by plea bargains; they need not worry about the emotional trauma of dealing with the acquittal of someone they feel is guilty.
What are the issues that may raise by the accused before the plea?
11. ISSUES WHICH ACCUSED MAY RAISE BEFORE PLEA • IF SO: the accused should file a motion to quash, otherwise the grounds thereof are deemed waived, except the grounds of no offense charged, lack of jurisdiction over the offense, extinction of the offense or penalty and jeopardy.
Is there an ethical justification for plea bargaining?
1 The primary ethical justification that is given for such negotiations is that respect for the autonomy of defendants requires that they be afforded the opportunity to plea bargain. 2 At first sight, this is a plausible claim. If the option to plea bargain did not exist then a defendant would be forced to go to trial.
What are three disadvantages of plea bargaining?
What are the various criticisms of the plea bargaining process?
Critics of plea bargaining tend to be either scholars or crime victims. Scholars complain of prosecutorial coercion, and crime victims decry the lighter sentences that plea bargaining produces. Defenders of plea bargaining tend to be the players in the system.
What is the difference between an Alford plea and a no contest?
A defendant who enters an Alford plea pleads guilty but claims to be innocent. With a no-contest (or “nolo contendere”) plea, a defendant accepts punishment but doesn’t admit guilt. Both kinds of plea result in convictions.
What are the Attorney General’s guidelines on plea discussions?
The Attorney General’s Guidelines on Plea Discussions in Cases of Serious or Complex Fraud set out a process by which a prosecutor may enter into discussions with a suspect before charge in cases of serious or complex fraud.
What are the guidelines for a written plea agreement?
The written plea agreement A1. These guidelines set out a process by which a prosecutor may discuss an allegation of serious or complex fraud with a person who he or she is prosecuting or expects to prosecute, or with that person’s legal representative.
What is the purpose of plea discussions in criminal cases?
The purpose of plea discussions in such cases is to narrow the issues and, if possible, reach a “plea agreement” about acceptable guilty pleas. (Guidelines A5) There may be benefits even if the case subsequently proceeds to trial. (Guidelines A6) The over-riding duty of the prosecutor is, of course, to see that justice is done.
What should the prosecutor do if the defendant is considering plea bargaining?
The prosecutor should be alert to any attempt by the defendant to use plea discussions as a means of delaying the investigation or prosecution, and should not initiate or continue discussions where the defendant’s commitment to the process is in doubt.