This topic contains a solution. Click here to go to the answer

Author Question: Describe a situation in which a defendant pleads guilty without plea bargaining. What will be an ... (Read 69 times)

tfester

  • Hero Member
  • *****
  • Posts: 534
Describe a situation in which a defendant pleads guilty without plea bargaining.
 
  What will be an ideal response?

Question 2

Summarize the development of the right to counsel.
 
  What will be an ideal response?



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

jrpg123456

  • Sr. Member
  • ****
  • Posts: 317
Answer to Question 1

Plea bargaining is not the only way to arrive at a guilty plea. Many defendants plead guilty to
the charges against them even when no bargaining takes place. In an effort to secure a conviction, the prosecutor will start with the most serious charge and work down. That is, the prosecutor may overcharge as a first step in the bargaining process. This negotiation process is much like that of buying a used car at a dealership, in which the dealer usually starts with a ridiculously high price but is willing to negotiate. In the end, however, few buyers end up purchasing a car for its fair market value. The concern with plea bargaining, then, is that the defendant will be encouraged to plead guilty to an offense that is more serious than that for which he or she would be convicted at trial.

Answer to Question 2

Prior to Gideon, the right to counsel did not exist for all individuals. Usually, counsel was provided only for defendants who could afford it. There were occasions prior to the 1960s, however, in which counsel was provided to criminal defendants who could not afford it. For example, the constitutional right of an indigent defendant to be represented by counsel was first announced in Powell v. Alabama (287 U.S. 45 1932). In that case, the Supreme Court reversed the convictions of several indigent defendants who were not represented by counsel at trial.
Significantly, though, the Court based its decision on the Fifth Amendment's due process clause, not the Sixth Amendment:




tfester

  • Member
  • Posts: 534
Reply 2 on: Aug 17, 2018
Excellent


JaynaD87

  • Member
  • Posts: 368
Reply 3 on: Yesterday
Great answer, keep it coming :)

 

Did you know?

Aspirin may benefit 11 different cancers, including those of the colon, pancreas, lungs, prostate, breasts, and leukemia.

Did you know?

The first oral chemotherapy drug for colon cancer was approved by FDA in 2001.

Did you know?

Tobacco depletes the body of vitamins A, C, and E, which can result in any of the following: dry hair, dry skin, dry eyes, poor growth, night blindness, abscesses, insomnia, fatigue, reproductive system problems, sinusitis, pneumonia, frequent respiratory problems, skin disorders, weight loss, rickets, osteomalacia, nervousness, muscle spasms, leg cramps, extremity numbness, bone malformations, decayed teeth, difficulty in walking, irritability, restlessness, profuse sweating, increased uric acid (gout), joint damage, damaged red blood cells, destruction of nerves, infertility, miscarriage, and many types of cancer.

Did you know?

Recent studies have shown that the number of medication errors increases in relation to the number of orders that are verified per pharmacist, per work shift.

Did you know?

Urine turns bright yellow if larger than normal amounts of certain substances are consumed; one of these substances is asparagus.

For a complete list of videos, visit our video library