Comparing The Judiciary: Pretrial, Plea Bargaining, And Trial

Defendants can have their cases completed quickly, meaning guilty pleas can often be arranged within minutes while criminal trials can take days, weeks, or months. It is also beneficial for defendants because plea bargaining gives the defendant and prosecutor some control over the result decision. Plea bargaining not only benefits the defendants it also benefits attorneys because they can solve the case fast and do not need to prepare for trial and can work in other cases, also they get their fee quickly. Public defenders may reduce the large caseloads, and last but not least it keeps judges away from trials which consumes time.

For a Judge, the incentive to accept a plea bargain is to alleviate the need to schedule a trial on an already overcrowded court docket, and in recognizing an already overcrowded prison system “processing out” the offenders who are not likely to serve a lengthy jail time anyways (“Findlaw,” 2012). Prosecutors have similar feelings as judges regarding plea-bargaining. Plea-bargaining lightens the prosecutor’s caseload while at the same time, assures a conviction of guilty offenders (even on a lighter sentence), particularly because of the high evidentiary burden in a criminal trial ("Enotes," 2012). Plea-bargaining has caused our judges to heavily rely on its use to keep the court system moving, as judges are able to dispose of cases more efficiently.

There are three basic types of plea bargains. The first one allows a defendant to plea guilty to a lesser charge (Bohm & Haley, 2011). Secondly, a defendant can receive a lesser sentence for pleading guilty (Bohm & Haley, 2011). Lastly, the defendant can plead guilty to only one offense and ensure the others will be dropped (Bohm & Haley, 2011). The factors that a prosecutor considers when deciding to plea bargain is how serious the offense(s) are. Typically, the more serious the offense, the less motivated a prosecutor is to plea bargain (Bohm & Haley, 2011). Another factor is the background of the defendant. If he or she has a history of committing the same type of offenses, the less chance a prosecutor will want to plea bargain.

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.

Plea bargaining is a series of actions that result to an understanding between the prosecutor and the defendant in connection to a particular case. It will require approval by the court. The process typically results to a change in the plea of the defendant or the accused to a crime that has a lighter consequence. The defendant or accused may also plead guilty to the original crime in exchange for lesser charges of the original crime. Plea bargaining basically aims to lessen the sentence that the accused will face for the crime in the event that the charges are proven in court.

Plea bargaining is used for a verity of reasons, from lessoning the case burden on the prosecutor to helping them win, what they felt was an unwinnable case. The most controversial part of plea bargaining is that it occurs in private, and is only between the defense and the prosecutor. By hiding the dealings behind plea bargaining prosecutors are able to make “wink wink” deals where they might lessen the charges for one of the defenses attorney’s clients and the defense will encourage another client to accept a deal from the prosecutor. One of the biggest problems with plea bargaining is that innocent people could be found guilty, because they feel coerced into accepting a plea, because if they go to trail (for a crime they didn’t commit) and are found guilty they serve a lot more time than they would have if they accepted the prosecutors

There are three types of plea bargains, the first allows the defendant to enter a plea of guilty for fewer charges, the second may provide a lesser sentence, and the third allows the defendant to enter a plea of guilty to one charge while all other charges will be dismissed (Bohm & Haley, 2001). There are three factors that the prosecution takes into consideration when debating a plea bargain, the severity of the crime, the criminal record of the offender, and how strong the case is against the offender.

The plea bargain is a vital part of the criminal justice system today. Before the 1800s when an offender was caught there would be a trial and verdict. The plea bargain are for defendant 's to plead guilty to a lesser offense or to at least one charge especially if there are multiple indictments. Defendants will plead guilty in hopes of leniency, and at least 90 percent of criminal cases end in a plea bargains. A majority of criminal cases in many jurisdictions will end in a plea bargaining.

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

Plea bargaining has evolved as the 'primary means of dispensing justice in North America, ' according to The Canadian Encyclopedia. It is a loophole in the Canadian Criminal Justice System, and alleviates burden on those whom are convicted of major crime. Plea bargaining can be defined as “a form of negotiation by which the prosecutor and defense counsel enter into an agreement resolving one or more criminal charges against the defendant without a trial” (Herman, 1997, p. 1). Defendants in criminal cases are more than likely to plead guilty than go to trial. Part of the reason that most of them do is so that they can return for a lesser charge, a lighter sentence, a more comfortable prison, or an agreement to testify against someone else;

Sometimes, a client will go to trial and be found guilty of one or more of the charges. This, too, may involve lesser charges to those of which he or she was originally accused.

Grand juries serve the purpose of reviewing evidence to establish whether or not the defendant should be criminally charged (Mallory, 2012). This type of jury can be used for investigative purposes because they have the authority to pass down orders and awarding immunity for witnesses (Mallory, 2012). There are two type of immunity, including derivative use immunity and transactional immunity (Mallory, 2012). A grand jury that is used for investigating is definitely in the prosecutor’s favor because there is a likely chance the defendant, who is a part of organized, will be prosecuted for some criminal charge (Mallory, 2012).

When criminal offenders get arrested, they are than booked into custody until the trial proceedings are over with. Unlike the criminal cases that are displayed on national television, an offender must undergo steps at a time for a criminal trial. The televised version of a criminal trial will have one thinking that it works that fast and it don’t. Each process that the defendant would go through takes months or even years. The nature of the crime as well as whom the person is and their past convictions. It takes time and lots of money to take cases to trial, the need to have a prosecutor, defense attorney, possible juror’s, and a judge. This overview, will define what a criminal trial is, the specific parties that are involved with the criminal process, and will explain the process in detail.

The trial then follows where the defendant’s guilt is adjudicated by a judge or a jury with the defense attorney and the prosecutor participating. It is important to note that the standard of evidence that is required for a criminal conviction must be guilt beyond reasonable doubt. While this does not necessarily mean 100 percent certainty in the guilt, it means that either the judge or the jury must be absolutely convinced by the evidence provided that the defendant is guilty. On the other hand, if there is a doubt based on the reason the accused must be acquitted of the charges made against him/her. The final step in the trial is the sentencing by a judge. The sentencing only occurs where the defendant is found guilty. Possible sentences include incarceration in a correctional institution, probation, fine or a combination of these. Once the sentence has been made the offender can seek an appeal at the appellate court where the offender seeks a reversal of the case. A successful reversal retunes the case to the trial court making the initial case moot. The prosecutor can choose to retry or to drop the charges in the case of a

The stages of criminal law is very clear and concise; first “In a criminal trial, a jury examines the evidence to decide whether (Bohm & Hadley 2011). "Beyond a reasonable doubt," the defendant committed the crime in question. A trial is the government's opportunity to argue its case, in the hope of obtaining a "guilty" verdict and a conviction of the defendant. A trial also represents the defense's chance to refute the government's evidence, and to offer its own in some cases. After both sides have presented their arguments, the jury considers as a group whether to find the defendant guilty or not guilty of the crime(s) charged.