Plead Guilty: Article Analysis

There are two sides to the story, and it takes demonstration to visualize these points. Economist, Glenn Loury, in his article, “A Nation of Jailers,” portrays the issues among the exclusion of prisoners in society through mass incarceration. By using a variety of rhetorical techniques, he discusses the issue within America and its’ criminal system.

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.

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

A very significant case in Cook County Courts was the Bridgeport case, known as a “heater” case because of the publicity that surround it, and the racial overtones (Bogira 181). The Bridgeport case involved three white teenagers, Michael Kwidzinski, Jasas, and Caruso that were accused of brutally beating two young black boys who were riding their bikes in the predominantly white neighborhood. The entire summary of the case, in Courtroom 302, was based around the fact that one of the boys, Michael Kwidzinski, was most likely innocent. The question then turns to the boy himself, Michael Kwidzinski; if he was innocent, why did hid then accept a guilty plea bargain?

On June first, a single black man named Joe James jumped off a freight train entering springfield, and began a streak of partying. He had been arrested soon after, and was sentenced for 50 days in the jail, but was allowed to run errands while on parole. WHile on parole on June 3rd, he left and didn’t come back. While drunk, he had entered Clergy Ballard’s house the night before, and had slashed the neck of Clergy after attempting to sexually assault his daughter. The next day, after waking up on a park bench, multiple of Clergy’s relatives and neighbors ganged up on James and beat him senseless until police arrived to arrest James. They hauled him off to the town jail until shipped off to a court case.

In this paper I will provide an analysis of a jury trial; my analysis will focus on the right of the defendant. I will articulate how a defendant 's rights at trial can be assured when it comes to The defendant’s right to a speedy trial, the defendant’s right to an impartial judge and the defendant’s right to an impartial jury.

"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

In chapter 18 “The Case against Plea Bargaining” by Timothy Lynch, it discusses the use of plea barging in cases which involve defendants admitting guilt in exchange for a reward. According to Lynch, some of the benefits include being charged with a lesser offense or in other words a reduced sentence, a decrease in counts when a defendant is charged with numerous counts of crime, and a promise by the prosecutor to recommend to the judge that a soft sentence is forced. Another benefit is the modification in the charges filed against the defendant to be somewhat more acceptable.

Jane B. Spott who is part of the Department of Criminal Justice and Criminology in Ryerson University and Anthony N. Dobb, who is part of the Centre of Criminology at the University of Toronto, collided to examine the gender treatment with in youths under the bail court system. Their examination consisted of 279 bail cases offered by a court in Toronto, through the extent of five years. After their study, they found that girls were significantly more likely than boys to be given the opportunity of attending a treatment program, especially if the offence was non-violent. This article offers a great perspective and information between the different treatments females and male youth encounter, when being held for bail. Some of the differences

The main point is how did an African American was not tried by his peers. There were no African American juror due to all of them being struck because of their race. So, Timothy Tyrone Foster, an African American was sentenced to death for murdering an elderly white woman by an all white juror.

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 art of plea bargaining is a tactic of the judicial system that keeps money and resources in mind when making these decisions. Plea deals help everyone involved. I think that the practice of plea bargaining should continue in this country for a variety of reasons. “The plea bargain, in which the defense attorney and the prosecutor reach an agreement: The defendant agrees to plead guilty in exchange for a reduction of charges or a lighter sentence. As a result of this exchange, the prosecutor gains a quick, sure conviction; the offender receives a shorter sentence: and the defense attorney can move on to the next case. Thus, the cooperation underlying the exchange promotes the goals of each participant.” (Cole & Smith. 2010. “The

Almost every member of the black community in Maycomb County is admirable in their personalities and innocent in their nature, and this generalisation makes the crimes against the black community all the worse. Tom Robinson, a man discriminated and accused of a crime that he didn’t commit has come forth to the justice system. The color of his skin determines everything from his background too if he’s guilty or not. A black man’s life is unable to prove innocence because of his race. Poverty has affected many people back in the 1960’s but, if a black man or women were to experience this they would be put on the white

There are too many people in jail, and they are all serving crime for the wrong time and for the wrong reason. According to the text the author says” we are not moving fast enough to reduce people who are in jail. over two million American lives caged behind bars, so many people had lost there for about 40 years.” this example shows that there is too many people in jail because we