Plea Deal Case Study

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.

However, the case was resolved in a new deal in which the court agreed to adopt the recommended sentence, with additional local jail time, if Lunsford stood on his prior guilty plea. As part of the deal, the state also agreed to dismiss the newer misdemeanor charge.

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Anthony Cooper was charged under the laws of Michigan State with assault with intent to murder Mundy using a gun that he fired to Mundy and she was shot on her buttock but luckily she survived the attack. Besides the assault charges, he was also charged with possession of a weapon illegally, been under the influence of marijuana and turning to be a habitual offender. Blaine received an offer from the court to dismiss two of the charges and suggest a lenient sentence of 51-85 months for the two remaining charges, in exchange for a guilty imploration. Cooper on good faith admitted his offence and expressed his willingness to accept the offer. However, the respondent rejected the offer proposed by the court after his attorney managed to convince him that the court will not be able to prove his intention to kill Mundy because the victim was shot in her waist. On the first day of the trial, the prosecution proposed a substantially less attractive deal which made respondent reject the plea deal. After the end of the trail, Cooper was found guilty and was subjected to a compulsory least verdict of 185 to 365 months imprisonment. The petitioner filed an appeal at the Michigan Supreme Court based on the allegations that the advice of his attorney to decline the offer was an ineffective counsel. The canton court temporarily permitted the writ and instructed the first plea bargain presented to Cooper be employed. The court of appeals confirmed and the U.S Supreme Court accorded certiorari to review (Wynne & Klein, 2012).

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On January 22, 2009, I pled guilty to a Class B misdemeanor DUI charge in Logan, Utah. The offense occurred in November of 2008. On the day of the offense, I had consumed alcohol after work with some friends but felt safe to drive. I was an inexperienced drinker and used poor judgment. When I was pulled over my blood alcohol content was below the legal limit, but I was still cited with a DUI. At first I felt like the victim of injustice but soon realized I was actually the victim of my own poor judgment. I accepted the consequences, pled guilty, and made the decision to never find myself in questionable circumstances again. I was fined and sentenced to two days in jail, one year probation, and required to complete an alcohol treatment course.

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There are a lot of driving under influence arrest that has been happening the past years. And you should choose the right lawyer for the job. The people who lack the experience will not be able to have the capability to save you from the problems that you have encountered because of the accident you have incurred. Among the penalties that one may incur is the loss of driving license, a lot of steep fines and also the possibility of incarceration. Not only that there is a possibility of having a conviction that will be placed against you.

David Smith had proven himself to be a danger to the community when he decided to consume significant amounts of alcohol and then operate a motor vehicle. He has since been before this court on these same charges three times prior since 2009. As a matter of fact, Mr. Smith is out on bond for his four Driving Under Influence conviction in which he is scheduled to turn himself over to the Bureau of Prisons to begin a three-year sentence. While waiting to begin his sentence, Mr. Smith still continues to participate in a lifestyle that has brought him nothing but destitute. The court has given Mr. Smith several opportunities to address his alcohol addiction. As part of all of his past three convictions, Mr. Smith was ordered by the court to complete an alcohol treatment program. Mr. Smith has completed these programs and promised the court that he would not return to court with these same issues. Mr. Smith has lied to the court and has preyed on the mercy of the court. He has proven himself to be someone who cannot be trusted and is a danger to this community when he drinks and then gets behind the wheel of a vehicle. Mr. Smith has hurt his family and now in recent events brought great sorrow to another family. With all facts considered that is why I am seeking the maximum 20 years, without the possibility of probation or parole, to run consecutively with his the three years that he is already serving for the charge of Vehicular Homicide Tenn. Code Annotated

In the United States, plea bargaining seems to determine the fate of criminal defendants, rather that trials. This is true in federal cases, but specifically in drug cases. An estimated three percent of federal drug defendants actually go to trial (Fellner). Also, according to the Federal Bureau of Prisons, 50% of inmates are in federal prison for drug offenses. Of those in prison for drug offenses, evidence has shown that “defendants convicted of drug offenses with mandatory minimum sentences who went to trial received sentences on average 11 years longer than those who pled guilty (215 versus 82.5 months)” (Fellner). Harsh sentences for drug offenses has fueled climbing federal prison population since the anti-drug effort began in the mid-1980s.

Looking at an prosecutor's point of view; plea bargains are effective. Plea bargains result in convictions, and prosecutors are measured by their conviction rate. Most prosecutors would want to spend a week negotiating a plea for a lesser conviction. Than spend a year to meet a greater conviction. They can still up their conviction rate, and claim to be tough on crime, while doing it in a much more efficient way. Any experienced prosecutor knows how much of a gamble a trial is. Plea agreements are known to be a sure thing.

There are two types of plea bargains. One type of plea deal involves the defendant pleading guilty to a less serious charge, or to one of

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

The case involved a suspect who was stopped by a police officer for allegedly violating the right away of another vehicle in the City of Colton. He was arrested for Driving Under the Influence (DUI). This would have been his 3rd offense for DUI within 10 years. In the state of California, if found guilty, he could face 120 days in jail and 2 years revocation of his driver’s license. The Defendant believed that the police officer was not in a position to observe what he said he saw. A Department of Motor Vehicles hearing was schedule. The Defense presented evidence to the DMV officer to show that the officer could have not possibly seen what he indicated in his police report.

As the newly appointed Assistant District Attorney, I am going to accept the plead deal. I am going to accept the plead because I do not have enough evidence to support a conviction, so it would save a lot of time and get him sentenced faster. I would also explain to the victim that although he is not spending anytime in jail, he is still going to suffer greatly for his actions. For example, the offender is going to have a criminal record for the rest of his life. They are going to struggle finding a job with a criminal record, plus they are going to be watched over by a supervisor. If they mess up once than they will have jail time.