Criminal Trial Process Analysis

This is a “Bad Deal” suggested Alexander. She explores how the lack of representation ends into a plea deal by the prosecutor in a manner of giving the accused a favor. Even though, it locks a person in to only convicting him/herself. She knows that the prosecutor has the ultimate decision to dismiss or add additional charges, which holds the key to his/her life. I agree with Alexander because the prosecutor is like the ‘god of the courts.”

Marcus J. Paulus 2/14/2018 Plea Paper Plea Paper          The plea bargain is necessary part of our justice system. This is because of the vast number of cases our justice system has to deal with each year it would be almost impossible to take all these cases to court each year. Plea bargains give people the chance to reduced there sentence by admitting they committed the crime or a less crime in order for the prosecutor to get a guilty verdict.          The plea bargain process is supposed to be introduced to the discussion but they prosecutor and not the defendant.

The courts have made few promises in which the prosecutor are required to keep the assurance of the agreement once it has been reached. the agreement should make sure that the defendants are aware of the consequences and that the pleas are made of ones own free will. Because it is less expensive and time consuming than a full scale trial, especially a jury trial, prosecutors can prosecute more people, be more productive in processing cases, and more effective in obtaining convictions through a guilty plea. Based on this efficient, “assembly line” type of justice system, the government can add more crimes to the criminal code so that the citizens’ life is even more controlled and regulated. Since pleading guilty eliminates the jury that would be impaneled for a full scale trial, judges, but especially prosecutors, gain much greater power over the conduct of the case, more control over the outcome of criminal cases, and are therefore more able to make defendants “offers that they cannot

On the 14th of October 2011, Mr Rayney had submitted an application for a trial which only involved a judge without a jury present. This was due Mr. Rayney assuming that a strong bias had been manifested pre-trial as a result of the subjective publicity revolving around the death of his wife, Corryn(The Conversation, 2012). Therefore, the jury and any member of the public would already have preconceived views in favour of Mr Rayney being guilty of murdering his wife. The trial was successful for Mr Rayney where he was acquitted of murdering his wife. Similarly, this issue is somewhat common as it had also occurred in the case Evans v The State of Western Australia [2011] WASCA 182, in which both appellants had made appeals after being convicted for murder.

Both sides will carefully weigh the strength of their case and decide whether it is prudent to go to trial. The prosecution may also consider the publicity surrounding the case and whether there is public pressure to prosecute that particular defendant to the full extent of the law. The defense will consider the individual defendant’s desire to go to trial and the seriousness of the potential sentence. The Pros of Plea Bargaining

• The Constitution is weakened by the excessive use of plea-bargaining to avoid a trial. Research has shown that criminal defendants who exercise their Sixth Amendment right to trail by jury are more severely punished than those who accept plea bargains (Devers, 2011, p. 2). It is assumed that plea-bargaining weakens the criminal justice system by allowing violent criminals to plea out of serious charges and putting the disadvantaged and potentially innocent or partially innocent in a position where exercising their constitutional right to a trial by jury is too risky of an option. Prosecutors are required by the state to carry the burden and prosecute the accused.

A bifurcated trial system was set up which consists of two phases, for bifurcated means divided. It is decided separately if the person on trial is guilty and what the penalty placed on the individual is (Vile). Each phase is subject can be to appeal too. In the first phase or the guilt phase, both sides submit evidence and argue whether or not the individual is guilty or not. In Gregg’s case, he had signed a waiver admitting to the killings and it was evident that he was guilty(“Gregg v. Georgia (1976)”).

First step is the initial appearance which will happen within 24 hours of your arrest. Here the defendant is brought to court and informed of their constitutional rights. They are asked if they can afford counsel. The judge informs the defendant of the charges against him. Next step is bail.

Plea-Bargaining and its Impact on the Criminal Justice System Introduction The criminal justice system is made to give the punishment to the accused according to the law. Those communities who have a fair justice system usually get success and equality among all the citizens. There are many procedures which are used to settle down the matters between the defender and prosecutor side. Some are related to the justice procedures and others are used to settle down matter outside the courts like plea- bargaining.

1. The role of the criminal prosecutor is to prove that that defendant is truly guilty. It is there job to look at all the evidence that is available and use that evidence to show why it is true that that person committed the crime so that they are prosecuted the way that they need to be. The job of the criminal defense attorney is to look at all the evidence that the prosecutor is bringing forth and to show why that evidence is not reliable or does not have any proof that it is linked to the person being accused of the crimes. It is their job to try to keep the accused person from being sentenced.

Many people hear and read about criminal trails but the reality is “97 percent of convictions in federal courts were the results of guilty pleas” (Liptak). Liptak explains how criminal justice system is not made up of trials “criminal justice today is for the most part a system of pleas, not a system of trials” (Liptak). Defendants rather negotiate plea bargains instead of fighting their case. In order to get a plea you must make an agreement between the defendant and prosecuting attorney. These agreements reduce the number of trials and help lawyers focus on other cases.

In the formal criminal justice process, there are important decision makers that decide whether to keep the offender in the system or dismiss the suspect with no future consequences. Suppose a law was set in place

I. Introduction Many experiences can come from walking on foreign land. We can learn the language, enjoy the cuisine, take in the culture, etc.., but how can one get a sense for a country 's government or legal system at ground zero? Although my sense for Mexico’s government is in hindsight, today I’m able to draw a line between the dots that represent my experiences and the once reality of political life in Los Estados Unidos Mexicanos. I have fond memories of my early teens which included going on family trips to my grandfather 's ranch in Puerto Pensaco, a city at the northeastern part of the state of Sonora. I can remember

A career as a criminal defense lawyer provides an opportunity to help others, restore justice to those in need, and prove specific point to others. To begin with, criminal defense lawyers are people who investigate cases or do interviews, research all aspects of the law according to the crime, building a defence and a strategy to use in the courtroom, as well as drafting, filing, and arguing motions or appeals (Kane). These are just a few out of the hundreds of thing criminal defense lawyers do on a daily basis. They also examine evidence and interpret it to assist in defending their clients and arguments (“Criminal”). Criminal cases that these lawyers participate in include domestic violence crimes, sex crimes, violent crimes, drug crimes,

This essay will briefly discuss the role of the jury and how it works, from the principle behind it, to the method with which members are selected, and to the powers available to jurors. Moreover, it will outline advantages and disadvantages of trial by jury, and it will point out a couple of ways which could ameliorate this type of trial. Trial by jury has been a part of the criminal justice system since the 12th century (Davies, 2015), it is considered an ancient right and a symbol of liberty (Hostettler, 2004). It creates no precedent and it can decide challenging cases equitably without making bad law, it also brings members of the public into the administration of justice and into an understanding of legal and human rights (Hostettler,