Lectur Plea Bargaining Case Study

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In the United States, numerous triumphant criminal prosecutions end not with jury trials, but with plea bargains. Plea bargains are arrangements between prosecutors and defendants. Defendants will agree to plead guilty to some or all of the charges against them in exchange for an adjustment in charges from the prosecutor. The arrangements between the two parties allows prosecutors to focus their time on more severe cases and reduces the number of trials judges will oversee. Plea bargains are an essential component of our criminal justice system. Without it our system will cease to function adequately. The Mayor of ACME City has signed an executive order banning prosecutors from practicing plea bargaining. Her reasoning is to prevent criminals “from getting off easy”. The long term effects of her decision to ban plea bargaining will weigh heavily on the future of the criminal justice system in ACME City. Discretionary decisions are an everyday practice and plea bargaining remains as one of the most controversial topics in the criminal justice system…show more content…
It is also one of the most controversial. This practice is vital for sustaining our overburdened system. It is imperative to keep in mind that defendants must choose whether or not to accept the plea agreement. Prosecutors use their discretion when utilizing a plea. For instance, the prosecutor may offer a charge bargaining. During a charge bargaining, the prosecutor may decide to reduce charges or drop some for a guilty plea. Another possibility is a sentencing bargaining. A prosecutor may use this bargaining tool to sway a guilty plea. As a result, the prosecutor will make a recommendation for a particular sentence on the defendant’s behalf (Lecture Notes, Module 5, Topic 2). Our system treats plea bargains similar to a contract. If a defendant breaches the contract, the prosecutor is no longer bound to the plea

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