On a quiet Sunday evening, a man walks into a local convenience store holding a gun and begins shouting for everyone to get on the ground, except for the cashier behind the counter. The man tells the cashier to give him all the money in the register and nobody will get hurt. One of the customers laying on the ground manages to pull out his phone and calls 911. He leaves the phone sitting on the ground. Immediately 911 dispatches the police to the scene. During the time of the 911 call, the dispatcher hears and altercation between the robber and the cashier, then shots were fired, the customer yells through the phone that the individual has fled the scene. 1. Initial Contact: When the police arrive at the scene there is total chaos and several …show more content…
Investigation: The detective upon receiving information on the events, beings his initial investigation of the crime. The detective, along with his team, collects evidence such as: video surveillance, finger prints, bullet analysis, blood pattern analysis, DNA, and interviews the witnesses. At some point in the investigation, an interview was conducted on a customer that got a full description of the suspect. The detective, upon hearing his statement, requests for a sketch artist. The sketch artist pencils up a picture of the suspect and copies are made and handed out to all patrols. The individual describes the suspect as a tall white male, with short brown hair, about 6’4, wearing glasses with a five o’ clock shadow, and about 210lbs. The suspect was described as wearing a white hoodie and blue …show more content…
Bail/Detention: The defendant is given no bail due to the severity of the crime and will remain in custody of the state until his trial date on July 10th.
9. Plea Bargaining: The defense attorney and prosecuting attorney discuss a possible guilty plea in exchange for lighter sentence but they can’t come to an agreement so a trial will proceed. The prosecuting attorney doesn’t want to negotiate a settlement.
10. Trial/Adjudication: On July 10, the defendant, the defense attorney, and prosecuting attorney stand in front of the jury for a criminal trial. The prosecuting attorney presents all evidence before the court including the witness’s testimony, officer’s testimony, and the video surveillance at the crime scene showing the individual in question as the suspect. They also present the weapon found and the ballistic report showing the bullet casings matching the gun found along with the defendant’s fingerprints. The Jury determines the defendant as guilty without reasonable doubt and he is placed back into custody.
11. Sentencing/Disposition: The defendant was found guilty of the crime and is sent back to court for his sentencing. He is sentenced to life in prison, with possibility of parole. He will remain in federal penitentiary until deemed fit to return to
Once the person has been arrested he/she appears in court in order to determined by the court if the person is guilty or not. The defendant is made aware of their legal rights and if they are found not guilty during the initial appearance no further action is needed. However, if the defendant is found guilty then he/she either is released on a bail bond or kept in detention depending on the seriousness of the crime till the trail takes place.
The court is the second component of the justice system – once the suspect is arrested, s/he is referred to as a defendant. It is now up to the court to decide if the police had enough evidence for probable cause for arrest – if the determination is positive, then the defendant gets an opportunity to plead innocent or guilty. Once the court establishes that the defendant is innocent, s/he is released; on the other hand if the defendant is found guilty the court decides the type of punishment and then the defendant is turned over to the Corrections for the follow up of the punishment.
More than 90 percent of criminal convictions come from negotiated pleas, also known as, plea bargaining. Plea bargains are used every day at both the federal and state court level. They certainly have their “proponents” as well as their “opponents”. A plea bargain basically is any agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor. That agreement is usually in the form of a defendant pleading guilty to a “lesser” crime with a reduced sentence in return for the prosecuting authority not having to expend the time, energy, expense and manpower in seeking a conviction in a trial of a more serious charge. An evaluation of the evidence against the defendant is usually a significant factor by the prosecutor in determining whether or not a plea bargain should be offered. If the prosecutor’s case is strong, the chances of a plea bargain being offered to the defendant are lessened. While at the same time, if the prosecutor feels that his evidence is on the weaker side, the probability of a plea bargain being offered is enhanced.
Plea bargaining is when the defendant and prosecutor negotiate an agreement between each other where the defendant pleas guilty to reduced charges.
What is Plea Bargaining? Plea Bargaining is the pre-trial arrangement, which happens in a criminal methodology. Amid this system, the respondent and has his lawyer sits on one side, and the prosecutor is on the other. The litigant either consents to argue "blameworthy" or "no challenge" to a wrongdoing. Another component for plea bargaining would likewise be because the respondent uncovers data, for example, area of stolen merchandise, names of others taking part in the wrongdoing or affirmation of different crime’s, for example, a series of robberies. Consequently, a decrease in charges, or rejection of a few charges, this must be endorsed by the judge, before tolerating can occur. On the off chance that the judge does not concur, at that
Plea-bargaining has become crucial for courts and the justice system to effectively manage their caseloads. A defendant typically agrees to plead guilty to one or more charges well before a trial is slated to begin. The charge or charges the defendant often agrees to plead guilty to tends to come with a much lesser charged than what they were initially set to go to trial for. Plea-bargaining often allows for a quick resolution of cases where the evidence of guilt is overwhelming or where there is little disagreement.
When it comes to trials there is a great deal of uncertainty. There is no way to predict what a jury or judge will decide. A case that a lawyer thought would go one way could completely turn and do the opposite. This leads to the question of whether a case should be taken to trial or not. It is because of this that plea bargaining is often put to use. Plea bargaining is beneficial to the prosecutor as well as the defense attorney and the defendant. Plea bargains are based upon the mutual interest of all parties involved and they can occur for a variety of reasons.
Plea bargains are the result of a collaboration between the prosecutor, defendant, defense attorney and judge. The prosecutor, who represents the state and determines the punishment of the crime, will usually offer the plea bargain to the defense attorney. The defense attorney then explains to his or her defendant the
“...plea bargaining can benefit all concerned’ in a criminal case. There are advantages for defendants, prosecutors, defense attorneys, and judges.”2 These advantages include a sure and quick sentencing for the defendant without the massive stress a trial would bring, a quick win for the prosecutor and more time to work on bigger cases, defense attorneys get their fee and are able to devote more resources to bigger cases, and judges are able to let everything go much faster within the court and allow other cases to get their fair and speedy trial. With all that there’s a lot of positive in the plea bargain for those involved, but there's even more when you look into the cost factor that goes into these trials and people working on the case. The plea bargain is suspected to save the states an estimated millions of dollars per year in legal fees and other such costs. Not only that but the plea bargain helps keep cases moving quickly and keeps the system from being bogged down like it is feared would happen if every single case went to trial. Despite all the good that plea bargaining does for our society and our judicial system nothing is without it’s downsides, and the plea bargain is no
An agreement made in a criminal case between a prosecutor and its defendant, before reaching a trial is a plea bargain. The prosecutor offers an opportunity to the defendant to plead guilty. By agreeing to plead guilty to a crime the defendant would in exchange get a prosecutor’s promise to convince the judge to reduce the sentence. It is really impossible to predict what a jury is going to decide in a trial. I personally think that plea bargaining is being used as an easy way out; instead of having the person who committed the crime pay for what they did by serving the whole time. By managing a plea bargain the terms can sometimes be used to include pondering on how it works and who it can help.
Despite the fact that many people believe that the criminal justice system is similar to TV crime shows like CSI, Criminal Minds, and Law and Order, the real criminal justice system does not work in such a way as it portrays in these shows. For example, on these crime shows, most cases get solved and are brought to justice via a court trial. Nonetheless, in reality many cases are solved in a plea bargain. Plea bargaining is one of the most controversial issues in the United States. The practice of plea bargaining is necessary due to fact of the high crime rates, and lacking facilities and staffs to try all cases. First of all, let’s find out what is the plea bargaining? Plea bargaining is an arrangement between a prosecutor and a defendant
There are many ways of resolving the criminal cases as defined in the current criminal justice system. One of this ways is through the use of pleas bargain. Plea bargain happens way before the trial and occurs when defendant accepts the wrong doing. He or she can plead guilty of the crimes or changes where they get to accept lenient sentence that can even lead to dismissal of charges (Lippke, 2011). This is however a private process though it is being taken over by advocacy groups.
Prosecutors may use plea bargaining as means to advance their case against a co-defendant. They may accept a plea bargain arrangement from one defendant in return for damaging testimony against another. This way, they are assured of at least one conviction even if it’s a lesser charge with the enhanced chances of captivating a conviction against the second defendant.
You know how sometimes you’re waiting in line, and the person a few spots ahead of you is in an argument with the cashier? It sucks. That one person is holding up the entire line just because they are incapable of coming to an agreement with the cashier. And now, because of them, your entire day is thrown off, simply because two parties could not reach a mutual agreement with each other. In a nutshell, this is plea bargaining. Imagine that the person a few spots ahead of you is a prosecutor and the cashier is the defendant in court. It is the exact same thing. Plea bargaining is a term used when the two parties reach a mutual agreement in a court of law. Usually it involves a little bit of give, and a little bit of take from both parties,
Plea bargaining is when the prosecutor and defendant make an arrangement in which the defendant pleads guilty to a lesser charge. In hopes with the Judge being lenient with their sentence. Many criminal cases are based off of plea bargaining, it's a negotiation process where the defendant and the prosecutor discuss what charges they will be accounted for if not all. Sometimes it may lead to a reduced sentence, which also saves the time of everyone going through a trial and having to go through the process of trying to solve a case. The judge can not be there through the discussion of the plea bargain, and nor does a plea bargain take place in a court room. Plea bargaining is more of a private situation with just the prosecutor and defendant. It also has it's advantages and disadvantages. Most times plea bargaining becomes controversial, and It does get heated because no one wants to sit in prison. A crime is a crime and the person who commits the crime has to face the consequences of his/her actions. Plea Bargaining just makes things a little more less complicated then what it needs to be for a defendant and the prosecutor.