How To Write A Plea Bargain Essay

This case came about because John Brady was convicted and sentenced for the crime of murder along with another man, and it was found after the sentencing that the prosecutor did not turn over a crucial piece of evidence to the defense which included a confession by the other man. During the appeal process on behalf of Mr. Brady the “Court of Appeals held that suppression of the evidence by the prosecution denied petitioner due process of law and remanded the case for a retrial of the question of punishment, not the question of guilt. 226 Md. 422, 174 A.2d 167” (U.S. Supreme Court, 2015). By the prosecution withholding this piece of evidence Mr. Brady was denied his Fourteenth Amendment right of due process. Because of this case The Brady Rule was formed and that states;

An arraignment is a formal reading of a criminal charge document in the presence of the defendant to inform him of the charges against him. In response to an arraignment the accused is expected to enter a plea. Acceptable pleas vary among jurisdictions, but they usually include “guilty”, “not guilty”, and “nolo contendere”

There are several cases that have gone through the United States Supreme Court where prosecutors have not disclosed evidence to the defense, that could in turn help the defense’s case such as in the case of

Over the years plea bargaining has become the way for the Administration of Justice in America and Canada’s criminal trials. Accused criminals are giving up the rights to a fair trial, to indeed plead guilty, in order to receive a much lesser charge, more comfortable prison, or even to agree to testify against someone else. Fewer than ten percent of criminal cases brought up by the federal government even make it to the federal courts to be tried before juries each year. “According to one legal scholar, every two seconds during a typical workday, a criminal case is disposed of in an American courtroom by way of a guilty plea or nolo contendere plea” (Lynch, par. 1). Which ultimately means more than ninety percent of criminal cases are

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.

The plea bargain (also plea agreement, plea deal, copping a plea, or plea in mitigation) 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. This may mean that the defendant will plead guilty to a less serious charge, or to one of the several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence

Maryland prosecuted Brady and a companion, Boblit, for murder. Brady admitted being involved in the murder, but claimed Boblit had done the actual killing. The prosecution had withheld a written statement by Boblit admitting that he had committed the act of killing by himself. The Maryland Court of Appeals had confirmed the conviction and remanded the case for a retrial only on the question of punishment. The Supreme Court held that withholding exculpatory evidence violates due process "where the evidence is material either to guilt or to punishment"; and the court determined that under Maryland state law the withheld evidence couldn’t have exculpated the defendant but was material to the level of punishment he would be given. Hence the Maryland Court of Appeals ' ruling was confirmed. A defendant 's request for "Brady disclosure" refers to the holding of the Brady case, and the various state and federal cases that interpret its obligation that the prosecution discloses material exculpatory evidence to the defense. Exculpatory evidence is a reasonable probability that his conviction or sentence would have been different had these materials been disclosed.

No one knows how juries will react in certain situations. For most defendants the incentives far outweigh the disadvantages. One benefit is receiving a lighter sentence on a lighter charge than they would have received if gone to trial and lost. They pretty well know that they will be found guilty so they help the court by pleading guilty and saving them time. In return, the court offers a lighter sentence for the plea. Another benefit of plea-bargaining is monetary. If represented by private counsel, the defendant usually spends a bundle on their fees. It takes less time and effort to go through a plea bargain that does a trial. Some other reasons are to have less socially stigmatizing offense on one’s record. Another is just to avoid publicity and the hassle of minor offenses.

Two years prior to Miranda, the Court held in Massiah v. United States that indicted defendants have a Sixth Amendment right to counsel were violated were federal agents, acting in collusion with his co-defendant, deliberately elicited incriminating information from him, in the absence of his counsel, after his indictment. The court stated that the surreptitious nature of the interrogation made the violation even more serious. Thus, the government violated Massiah’s Sixth Amendment rights when it used an informant to elicit statements from him after he was indicted. Massiah did not know that he was speaking to a government informant and thus there was no issue of waiver of the right to counsel. Waiver first arose in Brewer v.Williams. The

One reason a plea bargain may occur is because a prosecutors evidence is not as strong as they would like. Prosecutors want their cases to be as strong as possible so that they can expect a win. If they are unsure of what the outcome may be, they prefer to find a way to avoid going to trial. Plea bargains offer prosecutors a speedy conviction without committing to the necessities of a trial. However, this does not only help the prosecutor. The accused may find reduced charges, reduced defense costs, and sometimes even a shorter sentence than originally planned.

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.

Judicial discretion was prevalent over the first half of the last three decades, but has been regulated by legislature since 1984. Discretion by definition is the authorization of deciding as one thinks fit, absolutely or within limits (Ntanda, 1999). Indeterminate sentencing, traditionally, has afforded judges considerable discretion over the resolve of criminal sentencing. “While such discretion theoretically allows judges to tailor sentences to the circumstances of individual crimes and criminals, thereby achieving a sort of ex post fairness, it also permits variation in sentences that may not be warranted by the observable facts of the case, reflecting instead the judge’s own preferences” (Miceli, 2008, p.207). The punishment

A plea bargain (“offer”) is an agreement in a criminal case whereby the prosecuting agency may offer the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a proposal of a lighter than the maximum sentence. This opportunity allows defendants to avoid the risk of a conviction at trial on a more serious charge. This also allows all involved parties to keep the court’s calendars light without exhausting resources of a court, potential public defenders, and prosecutors who are all salaried for by the expense of tax payers. If every case in the criminal justice system went to trial, the courts would be so overloaded that they would effectively be shut down.

After the arrest, arraignment will follow. This is the presentation of charges in an open court. During this stage, you need a lawyer to represent you in court. You have the choice to enter a not guilty or guilty plea. You need to discuss your situation with your attorney, to determine the best course of action to take. This is also the stage when your Utah Criminal Defense Lawyer talks to the prosecutors to negotiate for a plea bargain. Usually, accepting a plea bargain will require you to plead guilty to a lesser crime in exchange for a lighter sentence.

The Old and New Covenant emphasize the need for government and justice to protect the right of citizens because of doing wrong (Fischer, 2016, slide 10). Therefore, government have limited power because of correction and citizens are held accountable for their actions. An innocent defendant that appears to be guilty, due to the evidence presented by the prosecutor may choose to accept a plea bargain. A defendant that accepts the plea bargain waives the right to a trial granted by the Sixth Amendment. The defendant waives the right to counsel, speedy and public trial be for an impartial jury in the jurisdiction in which the crime was committed, and the related right to confronting hostile witnesses (Hendrix, 2013, p. 90). The defense attorney