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 99 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
Great answer, keep it coming :)


kilada

  • Member
  • Posts: 311
Reply 3 on: Yesterday
Wow, this really help

 

Did you know?

Addicts to opiates often avoid treatment because they are afraid of withdrawal. Though unpleasant, with proper management, withdrawal is rarely fatal and passes relatively quickly.

Did you know?

Chronic marijuana use can damage the white blood cells and reduce the immune system's ability to respond to disease by as much as 40%. Without a strong immune system, the body is vulnerable to all kinds of degenerative and infectious diseases.

Did you know?

A strange skin disease referred to as Morgellons has occurred in the southern United States and in California. Symptoms include slowly healing sores, joint pain, persistent fatigue, and a sensation of things crawling through the skin. Another symptom is strange-looking, threadlike extrusions coming out of the skin.

Did you know?

Although the Roman numeral for the number 4 has always been taught to have been "IV," according to historians, the ancient Romans probably used "IIII" most of the time. This is partially backed up by the fact that early grandfather clocks displayed IIII for the number 4 instead of IV. Early clockmakers apparently thought that the IIII balanced out the VIII (used for the number 8) on the clock face and that it just looked better.

Did you know?

Throughout history, plants containing cardiac steroids have been used as heart drugs and as poisons (e.g., in arrows used in combat), emetics, and diuretics.

For a complete list of videos, visit our video library