Our criminal justice system has over time implemented and changed the means of sentencing and punishment for crimes. In the United States plea deals are accountable for 90% of criminal cases. A plea deal is an agreement between prosecutor and defendant in whom the defendant accepts a guilty plea to a charge and in return receives some type of concession from the prosecution. As we have moved forward in the judicial system and now have the ability to look back on previous cases, plea deals have become more controversial. The majority of awareness in this area has been used to look deeper into false confessions, grazing right over the fact that false confessions are a large part plea deals. A controversy arose when many refused to believe that situational factors during interrogations and dispositional factors inherent to the suspects could result in false confessions. (Redlich, 2010)
Plea deals go hand in hand with false confessions in many ways. A false guilty plea is essentially the same as a false confession. A suspect agrees to plead guilty to the crime in order to receive a lesser sentence. It’s not a coincidence that many haven’t heard or read about false guilty pleas, as it tends to be a large gap in research. One of the biggest factors of this is the lack of statistics in the area. If 90% of criminal cases end in plea deals that leaves only 10% that actually make it court. This means that 90% of criminal court cases are negotiated and ended without being seen by a
In the United States there are four main goals when it comes to punishment which are retribution, deterrence, incapacitation, and rehabilitation (DeJong, 2016, p. 288). The main goals for these punishments are to maintain order over society and to prevent recidivism (DeJong, 2016, p. 288). This ties into the Ecology perspective. By maintaining order over society and preventing recidivism, it ties into all of the issues regarding the Ecology perspective which requires for each issue to address the individual, family, community and society. Maintaining order over society and preventing recidivism strives toward making a safer environment for the individual, family, community and society. There is no universal agreement for making the severity of punishment just or fair (DeJong, 2016, p. 288). When it comes to retribution the person who is getting punished deserves the punishment (DeJong, 2016, p. 289). Retribution refers to when an individual commits a certain crime then that person must receive a punishment proportionate to that crime or suffering that they may have caused towards the victim (DeJong, 2016, p. 289). Regarding deterrence there are two types, general deterrence and specific deterrence (DeJong, 2016, p. 289). General deterrence focuses on the society in general and wants to scare everyone away from committing crimes (DeJong, 2016, p. 289). Specific deterrence focuses on criminals that have already been convicted and wants to prevent them from
Prisons where essentially build to accommodate a number of prisoners but over the years it has reach over capacity. Today in the United States there are approximately 193,468 federal inmates that consisting of the Bureau of Prisons Custody, private managed facilities and other facilities. The inmates ages range from 18- 65 with the median age being in their late 30’s. This number is counting both male and female population with male being 93.3% of inmates and females being 6.7%. The number of inmates has steadily increase since 1980 with only having approximately less than 50,000 but today the number has gone more up. Drug offenses are the highest number for inmate’s imprisonment, the next highest offense would be weapons, explosives and arson; immigration and miscellaneous fall next in lines. The number for the other offenses such as robbery, extortion, fraud, bribery, burglary, larceny, property offenses and other offenses are lower. Overcrowding prison has become problematic as the prison population continue to increase leading to proper care and attention for prisoners.
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
Another example on why plea bargain should be abolished. Just recently Matthew Muller a Harvard univserity grad was just accused of an elaborate kidnapping of Denise Huskins. It was originally called a hoax because of the unique details of the kidnapping that used computer-generated voices, blackened swim goggles, liquid sleeping medication and numerous props. Matthew Muller was seeking a plea bargain with prosectors that wouldn't sent him more than 40 years in prison believing that he has been diagnosed as a manic and depressive. The details of the kidnapping are extraordinary, but I'm here to say that plea bargaining should be abolished. His attorney said “he fears that he’ll get a life term sentence” but thats what he deserves, he kidnapped
In order to keep a safe society, it is important to establish a nation with
Renegotiation of reality occurs when, by virtue of the institutionalized process of police interrogations, the suspect perceives that his initial reality holds no value to the interrogator or to the outcome of the interrogation, when he lacks agency to defend his reality, and when there is no other option. In this paper, I will illustrate how each of these factors facilitates false confessions and will use the Norfolk Four case as my vehicle for exploration and analysis.
The Criminal Justice System has undergone numerous, yet significant, changes within the last century. In fact, current research reflects the progressive movement from one of rehabilitation to that of punishment and retribution. Such transition reflects issues pertaining to the management and supervision and treatment of offenders. This study will, therefore, consider and evaluate dilemmas within the Criminal Justice System, as well as, issues that have transpired while trying to reduce crime through punishment. Furthermore, the Criminal Justice System will be discussed through a law perspective regarding supervision and management in order to understand the current challenges and issues involving crime.
Pleas don’t come without drawbacks or dangers. Some fear that an innocent defendant may be pressured into a confession and plea out of fear of a more severe penalty if convicted. Another drawback is that some vicious criminals will get lenient treatment and get less than they deserve and be back out in a shorter time. “More than 90% of convictions come from negotiated pleas, which means that less than 10% of criminal cases result in trial.” This statistic starts to answer a question I had about our system. “What are the effects of plea bargaining in our courts and should there be more control over them?” The obvious effects are that fewer cases actually go to trial. With less cases
Many people believe that plea bargains should be abolished because they see them as unconstitutional since plea deals take away a defendant’s constitutional right to a trial by jury. Accepting a plea bargain waives a defendant’s right to three of their basic rights protected by the constitution-the fifth amendment’s right against self-incrimination, the sixth amendment’s right to a trial by jury, and the right to confront hostile witnesses. The latter, has been made even more accessible by the 14th amendment which expands the sixth amendment not only to state courts, but also to federal
There have been a number of changes within the legal and criminal justice system in the last 3-4 decades. History remembers, for example, the Kent State and Chicago Democratic Convention riots in 1968, and since then, a number of criminologists and political scientists have been asked about the use of force, rights-based policing, community involvement, and crime prevention (Russell 2005). The Red Cross and Amnesty International, for instance, have endorsed a rights-based policing model. This idea tempers all police activity with the basic tenet of human rights and rights under the Constitution. Central to this argument is the nature of the relationship between the community and the Criminal Justice System. Local law enforcement bond with community members to implement the day-to-day needs of that community. The idea centers around a basic philosophical tenet: use less force, communicate more, pay attention to human rights, and work to dialog and prevent, not to punish and incarcerate (Williamson 2008).
This research paper discusses the issues of people who suffer from mental illness being placed in jails instead of receiving the necessary treatment they need. The number of inmates serving time in jail or prison who suffer from mental illness continues to rise. In 2015 the Bureau of Justice reported that sixty five percent of state prisoners and fourth five percent of federal prisoners suffered from mental conditions such as bipolar disorder and schizophrenia. Individuals who suffer from these problems require special mental health treatment for their needs to be met. Many of our prisons and jails lack the necessary resources to care for these inmates and because of that inmates who do not receive the treatment they need are at a higher risk of becoming a repeat offender. Despite the research and findings that show that the criminal justice system is unable to deal with issues dealing with the mentally ill there has been limited solutions put in place. Given the challenges the criminal justice system faces it is important to address the problem and come up with better solutions. This research paper will discuss the various techniques and solutions that scholars have propped and their effect on the issue of mentally ill criminals and how the criminal justice system should approach the problem.
For a Judge, the incentive to accept a plea bargain is to alleviate the need to schedule a trial on an already overcrowded court docket, and in recognizing an already overcrowded prison system “processing out” the offenders who are not likely to serve a lengthy jail time anyways (“Findlaw,” 2012). Prosecutors have similar feelings as judges regarding plea-bargaining. Plea-bargaining lightens the prosecutor’s caseload while at the same time, assures a conviction of guilty offenders (even on a lighter sentence), particularly because of the high evidentiary burden in a criminal trial ("Enotes," 2012). Plea-bargaining has caused our judges to heavily rely on its use to keep the court system moving, as judges are able to dispose of cases more efficiently.
Be sure to address the four types of sentencing models and the issues surrounding them (equity, truth-in-sentencing and proportionality).
One of the most highly debated topics in judicial corruption is the plea deal or plea bargain. In Paragraph 4 the author pointed out that, "US criminal justice is based on the almost completely corrupt manipulation of the plea bargain, in which suspects, or alleged suspects, are interviewed and advised that they can have immunity in exchange for miraculous revenances of memory that incriminate the prime targets--failing which, however flimsy or nonexistent the evidence, they too will be charged" (Black Para.4). In the justice system, there is a such a thing as the plea deal. Suspects can have immunity in exchange for information or testimony that incriminates others. The plea deal is used to get people with lower crime offences help to put more high risk criminals behind bars. Some see this as corrupt that the lower people can get off the hook just by giving up information. Another author also shows us in the text, "Those who plead guilty receive a fraction of the sentence of those who go to trial and are convicted" (Black Para. 9). If suspects plead guilty, instead of going to trial, they can be given a lesser sentence to reduce trial costs and backed up courts. It also cuts down on the
budget allowance" . The courts are at present full and running over and if all