Module 11 Discussion

.docx

School

University of Florida *

*We aren’t endorsed by this school

Course

3114

Subject

Law

Date

Apr 3, 2024

Type

docx

Pages

2

Uploaded by destyyyyy352 on coursehero.com

Module 11 Discussion # 2 Read pages 563—566, regarding guilty pleas. Afterwards, watch the videos titled “Let’s Make a Deal: Plea Bargains” and “Convicting the Innocent: Ricky Day”. Following that, take some time going through the cases of exonerated individuals from the “Innocence Project.” What role has plea bargaining taken in the criminal justice system? What are the pressures on the accused and their attorney for them to plead guilty when confronted with seemingly compelling evidence—that may or may not be admissible From your reading of the text, the video “Let’s make a deal”, the video on Rick Day, and by going through the cases of the Innocence Project, assuming that a large percentage of these cases the individual plead guilty, what is the societal effect from plea bargaining? Does plea bargaining essentially negate the constitutional rights of defendants we’ve been discussing throughout the semester? Why or why not? Please remember to reference the tips for the discussion forum document before completing your post. The role that plea-bargaining has taken in the criminal justice system seems to be controversial for some. When it comes down to the defense it could either be a hit or miss when taking a plea deal and when it comes down to the prosecution it is actually beneficial due to the fact that it'll limit the number of cases that actually touches a courtroom and/or trial. According to the text, a few benefits that come from a defendant taking a plea bargain includes the defendant taking responsibility for their actions and also the victims benefit from not having to relive what happened to them when testifying at a trial however, this is not always a positive thing due to the fact that some victims may feel that justice was not served when a defendant does take a plea bargain [lipmann 564]. From the reading I gathered that there are several pressures that are placed upon the defendant as well as their attorney that make them plead guilty one being that they believe they will receive a harsher sentence if the case goes to trial with or without evidence however, pleading guilty to avoid a harsh sentence has led to innocent people being incarcerated due to the fact that they did not know the outcome that would come from trial and they did not want to take their chances so they took the easy way out but in the long run this could actually hurt someone who is actually innocent. The societal affect that comes from plea-bargaining is simply to keep the criminal justice system flowing smoothly without having the system backed up due to having every case go to trial. However, it can be argued that this does take an individuals constitutional rights away like we saw in the videos. I don't believe that the concept of plea-bargaining negates constitutional
rights however, I do believe that individuals should be more educated of the consequences that can come from entering a plea deal. Often times defendants are pressured by the prosecution to enter a plea deal when they are unaware of what the future may hold for them so they think that it is it a good idea but, personally I believe that they should be better educated when it comes down to what the consequences would be that way they understand that they do indeed have a choice and they do not have to enter a plea bargain I believe this would help innocent people not be sent away for a crime they didn't commit while assuring that the criminal justice system continues to run smoothly with the help of having plea-bargain's in place.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help