Is Plea Bargaining Unconstitutional?

2765 Words Dec 21st, 2010 12 Pages
Is Plea Bargain Unconstitutional
The goal of this research paper is to analyze plea bargain and discuss whether it complies with Constitution of United States. In order to accomplish this goal, conception of plea is explained in details, as well as its advantages and disadvantages for some of the participants and the system as a whole. Also Constitution is analyzed in terms of plea bargaining case in order to find out how it correlates with principal law. Besides cases of using plea bargaining and their results are explained in this research paper.
Before going into further discussion I would like to briefly explain the basic conception. Judicial system is designed to punish those people that committed crimes through the system of jury
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The most well-known case of such situation is so-called watershed precedent of Paul Lewis Hayes, which was indicted for attempting to pass forged check to the amount of $88. Such kind of crime is punishable by prison term of two to 10 years. So the prosecutor offered Hayes five years if he would plead guilty and waive this right to trial. Also the prosecutor made it clear that if Hayes rejects the offer, the state would seek a new indictment from a grand jury under Kentucky’s Habitual Criminal Act. Under this Hayes would receive life sentence taking into consideration his previous criminal record. Despite all these circumstances and high pressure, Hayes decided to insist on his right to jury trial. But in spite of his expectations, he was convicted and sentenced to life imprisonment. Thus, plea bargaining has another advantage over jury trial – it allows criminal defendants not only to avoid full punishment, but also protects them from additional convictions. But as this case proves, it is possible to receive even higher punishment if one tries to defend his or her rights in trial.
In order to prove or disapprove unconstitutional character of the plea bargain practice one should refer to the source. First of all, Bill or Rights guarantees the following rights:
• the right to be informed of the charges,
• the right not to
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