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Unit 3 Checklist CJ505: Critical Issues in Criminal Justice Assignment Details Midterm Essay: Plea Bargaining or “I did not commit that crime but I will agree to this one for 3–5 years or probation”...

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Unit 3 Checklist
CJ505: Critical Issues in Criminal Justice
Assignment Details
Midterm Essay:
Plea Bargaining or “I did not commit that crime but I will agree to this one for 3–5 years or probation”
The criminal court operates under two models: The crime control model (that relies heavily on plea bargaining and guilty pleas) and the due process model (that provides a full trial process). A comparison of these models was exemplified in a classic 1968 article by He
ert Packer: Two Models of the Criminal Process.
The issue of plea bargaining has become a very controversial issue within the court system. Ove
urdened courts and endless dockets are causing the system to collapse and as a result, many prosecutors have turned to plea bargains to reduce the strain. The fast track between probation and reduced sentences has not been without controversy. Although plea bargaining is often criticized, more than 90% of criminal convictions come from negotiated pleas. Thus, less than 10% of criminal cases go to trial.
In a 4–5-page paper (1,000 to 1,250 words), identify the associated issues with plea bargaining. Does it undermine the system of law? If so, how? What are the incentives behind plea bargaining for judges, prosecutors, and defendants? Explain your answers and cite examples to support your position.
Additional Reference Information
Below are two Li
ary articles that addresses plea bargaining.
Bowers, J XXXXXXXXXXGrassroots plea bargaining. Marquette Law Review, 91(1), 85–121. 
Fisher, T XXXXXXXXXXThe boundaries of plea bargaining: Negotiating the standard of proof. The Journal of Criminal Law & Criminology, 97(4), 943–1007.
Note: This Assignment will require outside research. Use at least two credible sources beyond the text material. Also discuss how you evaluated the credibility of the resources used.
You may consult the Li
ary, the Internet, the textbook, other course materials, and any other outside resources in supporting your task, using proper citations in APA style.
View the Unit 3 Midterm Essay Checklist.
 
Paper Format
·  The paper is to be completed in APA format.
·  Page length is 4–5 pages of text (1,000 to 1,250 words). This does not include the title page or the References section.
·  No more than 20% of paper may be copied directly from outside sources.
·  Refer to the Assignment Guide under Academic Tools for additional formatting details.
Answered Same Day Jul 03, 2021

Solution

Nishtha answered on Jul 04 2021
142 Votes
Running Head: PLEA BARGAINING                            1
PLEA BARGAINING         2
CJ505: CRITICAL ISSUES IN CRIMINAL JUSTICE
Introduction
Plea Bargaining is a legal term of making a deal. It is an agreement between prosecuting attorney and a criminal defendant. In most of the cases, the prosecutor will make an offer to encourage the defendant to change his plea from not guilty to guilty. This offer allows the defendant less guilty or has less guilty charges receiving lesser punishment, if the case went to trail. If the defendant accept this offer, he goes before the judge, enters the guilty plea and judge imposed the agreed upon the sentence.
Plea Bargaining
The judge is not requiring accepting the terms of plea-bargain but I practice they always do. The system of the court is very overcrowded and with plea bargain, it would not be able to function properly. It happens sometimes that the process of the bargain
eaks down and the case proceeds with trails or may be the prosecutor became convinced that he does not want to win the case and drops it. However, majority of the criminal cases ends up in plea-bargaining.
The only case where the plea bargaining is not applicable is the case of death penalty. Defendant generally not allowed pleading guilty in capital cases unless the state takes the death off the table or any extreme case of crime, where the prosecutor feels that the case needs to be decided by a jury. Plea bargaining depends upon both the parties consent. As mentioned by Eberly, Gilmer, Kapperman, Mell and Tepedino (2018), in other words, plea-bargaining allows the prosecutor and the defendant to avoid a lengthy criminal trial. It also allows the defendant to avoid the risk of conviction at trial on a more serious charge.
From the prosecutor’s point of view, a settled case will clear the case and make way for other cases. The pros of the plea bargain include mostly matter of economy. As informed by Wilford, Shestak and Wells (2019), neither the court, nor the prosecutor and nor the court-appointed counsel (who already is ove
urdened) have no staffing, space and budgetary resources to try all the cases. The negotiated pleas take a lot less time, which in this case equals to money. Another piece if plea bargain is depends upon the dynamics...
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