Plea Bargaining - A Flaw in the Criminal Justice System in the United Essay

Plea Bargaining - A Flaw in the Criminal Justice System in the United States - Essay Example This paper will discuss plea bargaining as a flaw in the criminal justice system. Plea bargaining is defined as a process whereby a defendant in a criminal case and the prosecutor reach a conclusion (which is mutually satisfactory) to end the criminal case at hand, subject to approval by the court. Successful plea bargaining lead to a plea agreement between the defendant and the prosecutor, where the former agrees to be plead guilty to the offence without a trial (Robert and Stuntz 24). In return, the prosecutor consents to make favorable recommendations to the court or dismiss specific charges regarding the case. However, plea bargaining is considered as a flaw in the criminal justice system. Its critics argue that it is a shortcut to justice, and therefore the due process of the law may not be followed fully. Besides, it is considered as a flaw in the criminal justice system because it is deemed to be unfair to criminal defendants. This is because the prosecutors tend to have so mu ch power in deciding the charges that a defendant may face (Hessick and Saujani 197). Also, since the prosecutors are evaluated to a greater extent on their rates of conviction, plea bargaining may force them to try at all costs to win the case. conversely, plea bargaining is a flaw in the criminal justice system because it is likely to soften punishment’s deterrent effect a s the defendant has an opportunity to bargain for lesser punishments (Hessick, Andrew and Saujani 81-82). Origin and Impact of Plea Bargaining Plea bargaining is a critical part of the United States’ criminal justice system; actually, majority of the criminal cases in America are settled using this means instead by jury trial. Plea bargaining traces its origin to the case of Brady v. United States in 1970 when the defendant (Robert Brady) tried to alter his plea after he had agreed to plead guilty to kidnapping for a lesser sentence (Fisher 44). Brady’s move was motivated by the desire to av oid death penalty. However, upon hearing the case, the Supreme Court ruled that his plea was legitimate because had an option of refusing the offer by the prosecutor. Subsequent case also showed that the Supreme Court approved the legality of plea bargaining. In the case of Santobello v New York in 1971, the legality of plea bargaining was challenged when the prosecutor was accused by the defendant of breaching their plea agreement by recommending a punishment that was harsher than the one they had agreed upon. The Supreme Court ruled in favor of the defendant; it argued that legal validity of plea bargaining to be achieved, the defendant and the prosecutor should adhere to the plea agreement’s terms. This case set a precedent that each plea bargaining must be approved by the court for it to be legally valid. Since then it has been entrenched in America’s criminal justice system (Bibas 2471). However, several studies have shown that it affects criminal justice system b y giving the prosecutor more discretion that may lead to unfairness on the part of the defendant and by granting the defendant lesser punishment. The following cases bring the flaw mentioned above: Bordenkircher v. Hayes where the court approved unfair handling of the case by the prosecutor; and in Marshall v. Barlow’s Inc where the defendant was granted lesser punishment despite the gravity

Internet Resource Guide Essay Example | Topics and Well Written Essays - 3000 words

Internet Resource Guide - Essay Example Furthermore, the Civil Engineering discipline attracts very few students due to its technicality. However, once the guide is made public, interested students will feel comfortable to join Penn State University and pursue the degree. The contents of this guide include Electronic indices that include periodical literature in Civil Engineering and professional journals from renowned scholars in the Civil Engineering discipline. The guide gives a summary of the journals and describes in details the relevance of the journals to freshmen students and students in the sophomore year. The scope of this guide further includes enlisted government sites approved by Penn State University whose content is crucial to Civil Engineering students as professionals in the field laid it down. There are other internet sites in the guide that have been proposed for subtends and other individuals with interest in the field of Civil Engineering. It is definite that the information available in this guide wil l be helpful to the freshmen students and those in the sophomore year. The scope is broad and students who have problems in locating the internet resources will now find it easier as the guide is precise and elaborate. Students with interests of pursuing a Bachelors degree in this field and have fears over resources will be highly encouraged to join the course. Whom this guide is for This guide is prepared at Penn State University for students pursuing a Bachelors degree in Civil Engineering. It particularly aims at freshmen students and those in the sophomore year. Other students with interests in the field of Civil Engineering will find this guide very useful. Researchers in the Civil Engineering field will make use of this guide as a link to internet sites they deem necessary for use in their research. This being a guide to the internet resources, it will crucial to any other person with problems in searching for the appropriate sites that they need to get information and use. Be ginners in the course who try to find ways of starting the degree in the right way will find this guide an indispensable partner throughout their stay in the course. The guide will be a remedy to their teething problems at the beginning of their research and studies. It should be remembered here that though the guide specifically targets fresh and sophomore students, the civil engineering knowledge is technical therefore, other students including continuing and finalists in the bachelors’ degree will have to use it. Knowledge and skills in technical areas is always interlinked. Information learned at the beginning of the course will remain relevant until the student comes to the end of his or her course. The guide because of this will be important to all the students in the course (Hido and Leon 123). Assumptions of the Guide The guide takes several presumptions among them those students pursuing the bachelors’ degree in Civil Engineering at Penn State University are f ull time learners. The guide assumes that having enrolled in a technical course and at that level; the students already have necessary computer skills to use the interne