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From a societal standpoint, it reduces and mitigates the crime which was originally committed by the defendant and, the penalty the defendant will pay. This actually has the effect of masking the actual seriousness of the offense and thereby the actual crime rate.
From the point of view of the victim (and usually the arresting officers) - the defendant is 'getting away with it' by being charged with a lesser offense, instead of the one he/she actually committed.
From the point of view of the defendant - plea bargains are deals struck with the prosecutor's office - BUT the court is not required to go along with them. Sometimes the judge will cancel the plea deal and re-institute the original (more serious) charge.
Wiki User
∙ 12y ago
Wiki User
∙ 12y agoproblems that are associated with plea bargaining can be:
-the crime can go unpunished or that the admitted crime is insufficiently punished
-it may result in the accused in pleading guilty when they are innocent, this usually happens out of fear of getting a higher sentence if they are convicted
- it may lead to bullying or manipulation of the accused to forfeight their right to a trial
- prosectuors may threaten more serious charges to intimidate the accused to plead guilty to a lesser charge
-the victims are regularly not consulted with and the results are unknown to them at times
-the charges and agreed facts don't actually match the nature of the crime
-defendents are negotiating themselves out of more serious crimes
- not all evidence is presented to the judge and some facts are erased from statements
Wiki User
∙ 9y agoPlea bargaining will result in some kind of punishment. If the accused goes to trial and pleads not guilty, there is a chance that they will be acquitted.
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What are some national statistics on plea bargaining?
Anywhere from 90%-95% of cases in the United States end up in some form of plea bargaining.
Why are trials not used in all cases?
Because about 90% of people who get into legal trouble plea out some sort of deal otherwise known as plea bargaining.
Is Plea Bargaining unjust?
Absolutly, plea bargining plays on the prisoner's dilemma. If both suspected felons say nothing, they both walk free, if one says something, one gets a heavy sentence while the other barely gets anything, if they both say the other one did it, they both go to prison. Notice that no where in that reasoning is truth metioned. The defendants are put under such pressure, that the truth is not considered, simply survival. So, a court that seeks justice should automatically dismiss plea bargining in search of the truth. In this same way, plea bargining is not completely voluntay and therefore, the defendant is not actually waving his 6th Amendment right.Answerplea bargaining is just and unjust it all depends on the situation. For examle if there is this mass murderer and rapist and he tried to plea bargain saying that he was forced to kill and rape than it is unjust but if someone siad that they was forced to take all of the money out of the bank account because they had a gun to them then it is just AnswerWhat is plea bargaining? Yes there are some cases where plea bargaining is useful, but most of the times it's a business decision not a matter of law. Plea bargaining proves the entire justice system is a business organization hung up on the fact of the prison industry being the growing industry in the country. As of 2002, the U.S had a record of over 2 million people behind bars. That's number one in the world, in front of China's+ Russia's 1.5 million people behind bars. That's Seven tenths of a percent of America's popualtion behind bars. (Source U.S. Bureau of Justice Statistics) AnswerWhat is plea bargaining? Yes there are some cases where plea bargaining is useful, but most of the times it's a business decision not a matter of law. Plea bargaining proves the entire justice system is a business organization hung up on the fact of the prison industry being the fastest growing industry in the country. As of 2002, the U.S had a record of over 2 million people behind bars. That's number one in the world, in front of China's+ Russia's 1.5 million people behind bars. That's Seven tenths of a percent of America's popualtion behind bars. (Source U.S. Bureau of Justice Statistics) AnswerWhat is plea bargaining? Yes there are some cases where plea bargaining is useful, but most of the times it's a business decision not a matter of law. Plea bargaining proves the entire justice system is a business organization hung up on the fact of the prison industry being the fastest growing industry in the country. As of 2002, the U.S had a record of over 2 million people behind bars. That's number one in the world, in front of China's+ Russia's 1.5 million people behind bars. That's Seven tenths of a percent of America's popualtion behind bars. (Source U.S. Bureau of Justice Statistics)
Does it affect a defendant's sentencing if the judge prosecutor public defender and the defendant do not sign a plea bargain contract?
Contrary to popular belief, there is no such thing as a plea bargain "contract." The offer of a plea bargain is made between the prosecutor and the defense attorney. The judge is not involved in this 'bargaining process' and in some cases may not agree with it, and is not required to follow the result suggested by the prosecutor.
Does there have to be an arrest before a plea bargain?
When a person accused of a crime intends to bargain with the punishment and moves the application for plea bargaining, then his appearance before the court amounts to custody and if prosecution is called upon by the court to reply the application and prosecutions needs some time, then there can be arrest. K.R.Singhel Wardha, Maharashtra, India.
Does plea bargaining sacrifice the rights of the defendant or do the guilty benefit?
As with many things in life - it's a comprimise. Boths sides gain something, although they both have to give something up in return. The state (and the complainanst) get a guilty plea that usually guarantees some jail time for the defendant, and the defendant usually gets the opportunity to plead to a lesser offense and get a lighter jail sentence.
What are some situations in which management or the union would prefer centralized bargaining?
management would prefer centralized bargaining
Why do you need a steam bypass control valve?
to let the steam pass and avoid an explosion under some undesireable circumstances.
What do you think undesireable economics aspects of tourism?
some of the undesirable economic aspects of tourism are HIGHER PRICES and ECONOMIC INSTABILITY.
Can you withdraw a no contest plead before sentencing?
Typically, once a plea of no contest has been entered, it cannot be withdrawn before sentencing. However, you may consult with your lawyer to explore any possible legal options or circumstances that may allow for reconsideration of the plea.
Can the sentencing from the jury trial be more time than the plea bargain?
Absolutely. Your pre-trail sentence should be the same as though you demand your constitutional rights to goto trail. Prosecutors use that as a bargaining chip it's ok. BUT IT"S NOT! Then again, we all pretend like there is some constitution that protects you or me.
What are some good bargaining points to use while talking with a car dealer?
The best bargaining point you can have is the "ability to walk away". If you have your heart set on that one car that only that car dealer has you don't have any bargaining power.
