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... se in a civil litigation. We need to eliminate civil forfeitures to all criminal defendants except those specified such as alleged terrorist and drug traffickers. We need to permit one plea-bargaining defendant out of ten to try their case. If they prevail then they are released from their prior agreement. This is to show what amounts of innocent persons are being forced to plead guilty as a way to measure the standard for determining a level of unconstitutionality.
There are always those not involved looking inside and complaining about the system. They complain and have changes that should be made to the system, but they themselves are not in a place to make any changes. I found an example of a person in a place to examine and decide if plea-bargaining helps or hinders the court process. The District Attorney of the Bronx saw a problem and decided to make a change. He directed his staff no to plea-bargain any case which had been indicted by a grand jury. The defendants were free to plead to the crime charged or before indictment resulted.
He was met with disapproval and thoughts that the system would collapse if we didn't plea bargain. He took this objection as needs for the system to be tested and find out if it was still able to accomplish what it was designed to accomplish. If it does collapse than there is something wrong and that those accused of crime have a hold on the system. "It means that our system is running us, instead of the other way around. " He believes in the presumption of innocence and made it clear to his staff that they should dismiss any charge not supported by evidence. Now, they have reached the point where defendants are protesting his refusal to plea bargain. They say that this will force judges to impose sentences that law has set up. Because of this, robbers, rapist, burglars, and drug dealers will go to jail.
With his policy, his staff may not consent to a plea of guilty unless it is that of the top charge in the case. With this policy defendants are pleading to the top charge, in fact 77 % of Bronx pleas were to the top charge. With this policy, cases are not getting out of hand. In the prior eight years, pending cases increased by 112 % or 14 % per year. Within one year of his policy, pending cases increased by only a fraction of 1 %. Also as a result of his policy the city jails are not overcrowded with inmates awaiting trial.
Actually, the number of incarcerated defendants awaiting trial declined by 2 % in the last few months. The DA thinks that the system needed improving upon and that what he did improved the quality and professionalism of criminal justice. U. S. Attorney General John Ashcroft obviously sees a problem with our criminal procedures as well.
He put into place a new policy relating to plea-bargaining and sentencing. Critics believe it is to derail the plea-bargaining process and send cases to trial that should have resulted in pleas. There are three aspects of the new policy. It requires federal prosecutors generally to pursue "the most serious readily provable chargeable offense. " Next it prohibits prosecutors from "charge bargaining" when negotiating guilty pleas. This means that they cannot drop to a lesser charge in order to get a guilty plea. They must guide the defendant to plead to the most serious charge or face trial.
The last thing is at the sentencing stage; the policy requires federal prosecutors to actively oppose defense requests for "downward departures. " This is from the sentencing range dictated by the U. S. Sentencing Guidelines. Along with critics of plea-bargaining, the U. S. government also sees some problems that they are trying to overcome.
This policy is a first step in doing that. With the critics of plea-bargaining, also come those that are for it or on the fence about it. They can see both the good and the bad in it. It is not something that is just going to go away. Both sides have a vested interest in plea-bargaining. "Court appointed defenders are typically paid for only the first 15 or 20 hours' worth of work-and prosecutors have a strong incentive not to lose.
This is a conflict of interest problem. " Advocates for it say that the efficiency gained far outweighs their evils. The evil part is that vicious criminals plead to lesser charges and get out sooner. The efficiency is the number of cases they can get through because of plea-bargaining. The plea bargain is something that crept into our system and found a home staying utilized. With the amount of crime going on in our country, it is hard to imagine criminal procedure without it. Love it or hate it, it is here and won't be going anywhere anytime soon.
Practices are being taken to reduce the dependency of it, but that doesn't lessen its effectiveness at all. I feel there is a need for it, but it is over used and needs to be handled in a better way much like that of the District Attorney of the Bronx. He formulated a plan, stuck with it and is seeing results. My feelings are much like that of Michael Ellis, a student of criminal procedure. "I believe the effects of plea-bargaining are potentially very negative.
Many times prosecutors find themselves overloaded with unbelievable caseloads, and more often than most realize they may plea-bargain a case that in fact should be prosecuted. I have no intentions of trying to judge their actions, simply because I truly appreciate the position they are in. " Bibliography ABA Division for Public Education: Steps in a Trial: Plea Bargaining. Sept. 25, 2004 web CNN. com - Ashcroft's new charging, plea bargaining, and sentencing Oct. 3, 2003 web Defendants' Incentives for Accepting Plea Bargains. Sept. 25, 2004 web Ellis, Michael. "Message no. 5921. " Sept. 11, 2004 web Plea Bargain. Sept. 25, 2004 web Plea Bargaining Sept. 29, 2002.
web Plea Bargaining: An Unconstitutional Delegation of Judicial Power. Sept. 25, 2004 web Plea Bargaining Nov 24, 1992 web Plea Bargains: Why and When They " re Made. Sept. 25, 2004 web
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Research essay sample on Plea Bargain Criminal Procedure
