Plea Bargaining
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Plea Bargaining
Being a citizen of the United States comes with advantages that no other country can match. We are granted rights and privileges just for being born within our borders. Others can also gain these rights by adopting our way of life and swearing to uphold its values. Being a citizen or not, we are expected to obey laws that the U.S. Government has put in place to maintain order and balance. When we don't obey these laws the government has the right to punish us. Luckily for us our Bill of Rights has even granted us rights until proven guilty. It gives us rights to a fair and speedy trial as well as the right to representation during trial. So many rights and procedures have come about since the birth of our nation. We are constantly making new rules to help uphold the old rules and deciding if the old rules still apply. One practice that has been used during trial has no mention in the Bill of Rights, but has been held as constitutional is plea-bargaining.
The plea bargain was a tool rarely used before the 19th century in prosecution. "In America, it can be traced almost to the very emergence of public prosecution, although not exclusive to the U.S., developed earlier and more broadly here than most places." Plea-bargaining was limited because judges controlled most sentencing. Judges did not appreciate the workload relief until personal injury cases skyrocketed during the industrial era.
A plea bargain can be defined as, "a negotiation between the defendant and his attorney on one side and the prosecutor on the other, in which the defendant agrees to plead "guilty" or "no contest" to some crimes, in return for reduction of the severity of the charges, dismissal of some of the charges, the prosecutor's willingness to recommend a particular sentence or some other benefit to the defendant. Sometimes one element of the bargain is that the defendant reveal information such as location of stolen goods, names of others participating in the crime or...
- Submitted by: fastfwd
- Date Submitted: 03/02/2005 12:58 PM
- Category: History Other
- Words: 2375
- Pages: 10
- Views: 570
- Rank: 129482