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Crim Class 11.doc

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Carleton University
LAWS 2301
Ronald Saunders

Criminal Justice System November 25 2011Class 11Plea BargainingTypes and definitionselementsAdvantages mainratio issue accused prosecutor societyCriticisms and issues Contentiousdont know a lot about itOperational Most result in guilty plea instead of going to trial We dont know the extent of plea bargains that result in plea bargaining and vice versaInformalhiddensecret Control and accountability Different terms for plea bargaining resolution discussions etc Not a true bargainjudges may not accept and accused is pressured to accept Quotes about Plea BargainingPlea bargaining is the venereal disease of the criminal justice systemPlea bargaining is the grease that jeeps the justice system runningPlea bargaining is inevitable in any system of justicePlea bargaining has no place in a decent criminal justiceWhat were doing is treating people as half guilty and giving them half the sentence they would really receive if they were really guiltyExpress Plea Bargaining exam essay3 constant elements Always a guilty pleaBargain granted only if accused agrees to plead guilty in exchange Bargain is result of express negotiations Variable elementsWherewhenoften just before trial Most are last minute dealsCan be done until entering of the decisionWith whomusually the prosecutorMay sometimes involve policeIn the States it involves the JudgeVictim involvement is rare Whyadvantagesdisadvantages Whatbenefits given in exchange for a guilty pleaBenefits most often Given WhatReduction in charge to a lesser charge murder 1 to murder 2Withdrawal of chargespromise not to proceed on possible chargesRecommendation as to type of sentence fine or probation instead of jail
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