A plea bargain is a negotiation between the defendant and their attorney on one side, and the crown prosecutor on the other side. A plea bargain may give the defendant a lightened sentence, in exchange for either confessing to some crimes, or giving information that is related to the offence, for example, the location of stolen goods or the names and locations of other participants, as well as their part in the offence.
The most common thing that is done when defendants are sentenced, is that they are heard in front of a judge to receive their punishment for their conviction. Another alternative would be a plea bargain, a plea bargain is when a defendant pleads guilty in order to receive a lesser or their charges could be dropped (“Lecture 6, 2016”). This analysis will go over a plea bargain for Mario whom is being charged with possession of methamphetamine and with a DUI with a BAC of .08/.09 on the prosecuting side, what defense counsel would like to offer, and giving the reason for justification of the offer.
the prisoners were lucky enough to escape the being lynched when they were moved into Scottsboro. In this trial, nine young, black boys were charged with the rape of two white girls while on a train. This case was a major source of controversy in the 1930’s. “Despite testimony by doctors who had examined the women that no rape had occurred, the all- white jury convicted the nine, and all but the youngest, who was 12 years old were sentenced to death” (“Scottsboro”). The boys’ lawyer, Samuel Leibowitz, did not even get assigned to the case until the first day of the trial. “If he could show a jury that these nine boys were innocent, as the record indicated, the jury would surely free them. To Leibowitz, that was simple!” (Chalmers 35). However, it was not that simple. Many white citizens would not change their minds about
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
Wright creates a story about a young man afraid to fly into his destiny as a black African American male. Bigger is afraid to live life because he knows deep inside he will never amount up to the “white man”. Because of this great deal of fear Bigger ends up killing two women one being white and he ends up going to prison for life and getting the death sentence. In every reason possible was Bigger most definitely wrong for his actions; but there is a story very similar to his. Leopold and Loeb were two students who kidnapped and murdered 14 year old Robert Franks. Both men were sentenced to life plus 99 years. Loeb was murdered by a prisoner in 1963, but Leopold was released on parole in 1958. It's quite funny that Leopold was released with parole but Bigger stayed in prison and had to die because of his wrongful doings. There is honestly no difference between Bigger and Leopold, they both committed a unacceptable crime. So why is it that Leopold gets to have some freedom and Bigger did not? I know the difference, it is the color of their skin. These policeman and judges seem to have pity on the white americans who commit a crime big or small. But when the tables are turned the African American male or female seems to have no pity, no help or parole. These black men and women are being thrown into jails or prisons for a great lump sum of years. Some make it out to see daylight
There are thus real and often quite complicated connections between the deindustrialization of the economy- a process that reached its peak during the 1980s—and the rise of mass imprisonment, which also began to spiral during the Reagan-Bush era. However, the demand for more prisons was represented to the public in simplistic terms. More prisons were needed because there was more crime. Yet many scholars have demonstrated that by the time the prison construction boom began, official crime statistics were already falling.” Angela Y. Davis, Are Prisons Obsolete?” I believe that they are other ways to make a profit. Medical expenses, education, jobs are not free on both side but both make a profit. I believe that prison should be the last resort of punishment when rehabilitation has not made any change. When the people you arrest correlate with the amount of income then making the community safe is no longer your goal. To find people to arrest you must go to areas that you believe have no hope. This is like whites going to Africa and picking people out again because the fall into their horrific stereotypes. This later makes a a huge cycle that they take your father and label him as a criminal, so your mother now has given birth to mini
It has been brought up that certain race and ethic affects a person’s sentencing. Many studies have addressed the question are African Americans treated more severely than similarly situated whites? (Mitchell, 2005). Observers had indeed noted that black defendants get more severe sentencing than white defendants do (Spohn, 1981). For many years’ social scientist has examined this theory and came up with three explanations, racial discrimination, Wealth discrimination, and legal factors (Sellin, 1928). These three explanations all direct back to blacks because blacks are more likely to be poor, so they are wealth discriminated. Also, legal factors point to blacks because black defendants are more likely to have a serious charge or criminal record than whites do. Some researchers examine whether race has an impact on juveniles being convicted in the adult system (Howell, 2012) as well.
Outside the courthouse in Newton, Georgia, in the early hours of January 30, 1943, Robert “Bobby” Hall was beaten unconscious by M. Claude Screws, Frank Edward Jones, and Jim Bob Kelley[1] while in their custody for the alleged theft of a tire;[2] Screws, Jones and Kelley were, respectively, Baker county sheriff, night policeman, and a civilian deputized specifically for the arrest.[3] Without ever recovering consciousness, Hall died as a result of a fractured skull shortly after his arrival at an Albany hospital that morning.[4] The NAACP and FBI investigated Hall’s death in the following months and federal charges were brought against Screws, Jones, and Kelley for violation
This led to “stagflation” and high unemployment.” This “stagflation” let to the discomfort and discontent in the prison system. Prisons felt the effects of this oil shortage as well and led to their want to further voice their opinions. But, as if theses conditions weren’t bad enough, we were also going through a political reform as well as dealing with the end of the “Great Society” era. Things were bad both inside and outside prison walls. Prisoners heard about the incredibly horrific conditions outside of their walls and believed that they should be allowed to do, or at least say something about it.
"Black men are seven times likely to go to prison than are white men; black women are eight times likely to go than are white women. The lifetime likelihood of incarceration for aggregate numbers requires some getting used to. If today's imprisonment stays stable, nearly one-third of black males
The murder of Bobby Franks was a gruesome and seemingly unexplained phenomenon in Cook County. The case took the nation by storm and brought the world attention to Chicago. Leopold and Loeb were two relatively normal teenagers on paper. The intricacies of their lives, however, pushed them into a different category. At the beginning of 1924, the devious mind of Richard Loeb began to plot an evil and gruesome murder of an as of yet unknown victim. Loeb’s literal partner in crime was Nathan Leopold. Together the two were to have done many things that they normally would not have done if apart. Clarence Darrow, on of two lawyers hired by the
Robert Davis was an African American man. He was not a “thug,” he was not a “drunk,” he was a retired school teacher from New Orleans who was in his sixties. He was brutally attacked by three police officers. He suffered a broken nose and other broken bones in his face. The incident was recorded and went viral. Davis was arrested but faced no charges. Three police officers were charged but only two went to trial. In the end, two of the police officers were fired — the third never made it to trial because he had committed suicide. Davis was compensated for the assault.
According to Timothy Sandefur’s In Defense of Plea Bargaining article, “a plea bargain is a contract with the state. The defense agrees to plead guilty to a lesser crime and receive a lesser sentence, rather than go to trial on a more severe charge where he faces the possibility of a harsher sentence.” We are also told in The New York Times Article; Federal Law on Sentencing is Unjust, Judge Rules that “about 97 percent of federal criminal convictions nationwide were the result of plea bargains.”
“Murder begins where self-defense ends.” This quote from Georg Buchner can be used to describe the tragic deaths of three little boys who were rendered defense-less against their attackers. On May 5, 1993 in West Memphis, Arkansas, three young second-grade boys, by the names of Christopher Byers, Steven Branch, and Michael Moore, were brutally murdered after being beaten and hogtied by their own shoelaces. A year later, Damien Echols, Jason Baldwin, and Jessie Misskelley were convicted and sent to prison for this heinous crime. Even though the three men were convicted for the crime, there is still great controversy as to who actually killed the three boys. Throughout all this controversy, evidence, testimony, confessions, and more point towards the three men known as the “West Memphis Three”, to be the real killers.
It has been understood that many successful criminal prosecutions in the United States end not with jury trial, rather yet plea bargain. Plea bargains are agreements between prosecutor and defendant, where the defendant agrees to plead guilty in order to receive a lesser offence or sentence. “The mode of plea-bargaining is most closely associated with high volume, low-stakes cases like misdemeanors and low grade felonies, as well as cases in which the prosecutor and defense lawyer have a good relationship and a long history of past dealings,”(O’Hear,2008). Throughout the following report I will be creating a scenario as a prosecutor proposing a plea offer alongside with a role of defense counsel and preparing a counteroffer