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

Author Question: Summarize the arguments against plea bargaining. What will be an ideal ... (Read 67 times)

cnetterville

  • Hero Member
  • *****
  • Posts: 547
Summarize the arguments against plea bargaining.
 
  What will be an ideal response?

Question 2

Explain the accused's constitutional rights during plea bargaining.
 
  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

frankwu0507

  • Sr. Member
  • ****
  • Posts: 322
Answer to Question 1

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. Plea bargaining may also contribute to inefficiency. As one researcher observed, defense attorneys commonly devise strategies whose only utility lies in the threat they pose to the Court's and prosecutor's time.
Another reason that plea bargaining may undermine the criminal process is that it effectively decides the defendant's guilt without having a trial, an exhaustive investigation, or the presentation of evidence and witness testimony. Plea bargaining may also allow criminals to get away with their crimes or at least to receive lenient sentences. Perhaps the most serious consequence of plea bargaining is that innocent individuals may be coerced into pleading guilty. In such a situation, a plea bargain amounts to an admission of legal guilt, when, in fact, the defendant may not be guilty.

Answer to Question 2

The Sixth Amendment right to counsel applies during plea bargaining because charges have already been filed before bargaining commences. The Sixth Amendment also requires that defense counsel be effective during the plea negotiation process. This means that the defense attorney must, at a minimum, investigate the case so as to make an informed decision with regard to what sentences and charges are offered by the prosecution. To be effective, counsel must also ensure that his or her client understands the consequences of the plea-bargaining process.




frankwu0507

  • Sr. Member
  • ****
  • Posts: 322

 

Did you know?

According to the FDA, adverse drug events harmed or killed approximately 1,200,000 people in the United States in the year 2015.

Did you know?

Barbituric acid, the base material of barbiturates, was first synthesized in 1863 by Adolph von Bayer. His company later went on to synthesize aspirin for the first time, and Bayer aspirin is still a popular brand today.

Did you know?

As of mid-2016, 18.2 million people were receiving advanced retroviral therapy (ART) worldwide. This represents between 43–50% of the 34–39.8 million people living with HIV.

Did you know?

In 1885, the Lloyd Manufacturing Company of Albany, New York, promoted and sold "Cocaine Toothache Drops" at 15 cents per bottle! In 1914, the Harrison Narcotic Act brought the sale and distribution of this drug under federal control.

Did you know?

The word drug comes from the Dutch word droog (meaning "dry"). For centuries, most drugs came from dried plants, hence the name.

For a complete list of videos, visit our video library