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Should The Offending Be Held In Jail Pre-Trial?

Decent Essays

Since the first essay question consists of three parts, I will break them down and address them individually, starting with the first.
This question addresses whether a defendant will be held in jail before their criminal case is resolved. To answer this, there are six different factors, of which we will look at three for sake of time, which aid in determining whether the offending will be held in jail pre-trial. We will look at three factors in depth, but to list them all, they are as follows: the arrest, the prosecutors, pretrial service programs, the judges, magistrates, or bail commissioners (all contributing to one factor), other courts actors, and finally the existence of critical community services (Vera Institute, pg. 18).
1) The …show more content…

One may believe that the more offenders that are put in jail, the safer our country will be. This however, is not entirely true as there is little connection between improved public safety and an increase in incarceration (Vera Institute, pg. 9). We should consider those making up the population of our prisons. First there are those who are mentally ill, who are lacking proper treatment as they spend their time in prison. 72% of all mentally ill offenders in jail have a substance abuse disorder (Vera Institute, pg. 12). How can these individuals receive the help they need, if they are being locked away in facilities that won’t provide the appropriate assistance? Another portion of the jail population consists of those who are not actually guilty of committing a crime. Nevertheless, they sit in jail awaiting their trial date if not granted, or unable to afford, bail. This is spending funds on people who do not belong in jail, as there is not always an expedient way to prove their innocence. This also may lead to innocent people accepting plea bargains as they away their trial date, which leads to a whole separate set of problems. Beyond raising the jail population, holding innocent people in prison can have negative impacts on their family, and social bonds. Not being able to work while in prison hinders the financial flow to the family, and get put added stress on the remaining …show more content…

The prosecutor also can recommend the sentence the offender should receive to the judge (Spohn & Hemmens, pg. 111). Now, combine all these factors with the strain that is consistently on defenders, who are consistently handling an overload of cases, which results in it being very easy for prosecutors to offer plea bargains that they deem appropriate. As we see reflected in “Why Innocent People Plead Guilty,” “Furthermore, in both the state and federal systems, the power to determine the terms of the plea bargain is, as practical matter, lodged largely in the prosecutor, with the defense counsel having little say and the judge even less (Rakoff,

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