Abstract
This paper will discuss the issue of plea-bargaining in our criminal justice system. It will reflect on the angle of plea-bargaining if it provides a fair and necessary form to service justice in today criminal justice system. This paper will reflect over both advantages and disadvantages with plea –bargaining. It will also reflect over articles related to plea-bargaining. It will reflect over those cases that have victims suffer suffering and plea bargaining. It will explain how the other elements that affected the criminal justice come into play with plea bargaining. It will give a history, importance and explain the critical need for proper evaluation of plea bargaining. Last, It will show the domino effect that can happen from plea bargaining.
Main Body
Plea bargaining is very popular alternative when going through cases in our criminal justice system. This helps to avoid a trial. Trials can become very expensive in the criminal justice system. Trials also can take weeks, two months, and even longer to get started. Sadly we will always have criminals. Again, plea bargaining can help with this. Our criminal justice system is overfilled with prisoners. In our economy over the past few years, we are still trying to recover. When we have an excessive amount of college graduates in these past few years, not being able to find work or jobs at fast food, it a sign that our economy is still under development. When the economy, regardless it if bad or good, its going to affect our crime rate.
The crime rate has sadly escalated in the past years. There are many economists that challenge this. Then sadly we have to look at the facts. The shootings in schools have escalated. Not only at schools, but not too long ago at the Los Angeles airport, the Navy Yard and other tragedies. This is not a matter of judgment regarding a person. We have to remember that criminals are people. This is a matter of having safe and security in our society. This is a matter to help the budget disaster that countless jails are facing. These budgets are in a critical state. This is another reason why the solution of plea-barraging becomes a popular alternative when delivering justice. Sadly there are many cases where plea bargaining is chosen for there is no other alternatives.
Evil is haunting and horror. Any crime destroys an individual. This is the key that lays to the foundation of plea bargaining. Evil is never good. Evil can be a bad mistake when robbing a store during a person teenagers years. Evil can be a sinister as the horrors of serial killers and mass murders. Again, people make mistakes. Some worst then others. We are all human. We never know the exact situation that a person is facing. That is why it is important to remember to stay open minded when deciding these fates.
While there is a purpose of plea bargaining, there are times and cases when there should not be. These are the crimes that sinister criminals have committed. They are the criminals that have no empathy. They are dangerous ones. This is where we need experts in this field to help us. The Former FBI profiler John Douglas is well known and noble man throughout the world. He has written countless books including Journey into Darkness, Mind hunter and many others. The reason why it is imperative to understand the criminals is because it helps makes the decisions with plea bargaining.
Again, Sinister Criminals, serial killers and mass murders should never be considered for a plea- bargaining. We need to keep America safe. Again, that is why the importance of evaluating cases for plea-bargaining needs to be evaluated. The American Bar Association has educational information about plea bargaining. The section is labeled, How Courts Works Steps in a Trial Plea Barraging. The information explains the concept of plea bargaining. It also provides some benefits. One of most important reasons that many people in the criminal justice field would say is avoiding a trial. Again, trials can be expensive and time consuming. This adds more to the budget problems that prisons are facing.
This is where the reflection of cases in the media is going to evaluate. That is why there was a history with plea bargaining. When it comes to the criminal justice system, it can be a maze. It can be hard to understand with all the different process and rules taking place. If we do not have a full background and understand, are we able to give the criminal the proper punishment for their crimes? If we do not have a full background and understand, then we might forget the victims.
In the article, Family has Mixed Feelings in Dolores Murder Case, it about the crime of death of a granddaughter. It about the tragedy of a person killed and now the possibility of that the killer is able to walk. The court system is attempting to arrange for the killer served twenty five years. The families of the victim are very unhappy with this. Botel (2013) found “We don’t like that they would give (Hampson) 25 years said Norma Hayes.” The tragedies of the victims and their family should never be forgotten. This might sound like common knowledge. Sometimes as time progress more, cases became forgotten by some people. They are never forgotten by those who were affected it.
This is interesting for it helps put the puzzles into a piece and help bring and understanding and the reminder of the need for plea bargaining. Interesting is not for any other reason. Again plea bargaining can be good or bad. The article, Aaron Swart and Corrupt Practice of Plea Bargaining, shows the obstacles that come up in the criminal justice system. In this article, they mention the case of Aaron Swat and how he was over sentenced for a crime. The article also mentions this is done to provide alternatives to plea-barraging. According to Lee (2013), “ It’s a common way of gaining leverage during plea bargaining.” According to Lee (2013), “But none of these rights matter if the defendant never get to trial.”
Plea barraging has been going on for a long history. In the earlier times, the conditions of how plea bargaining was done were different then today. That is because our society is changing. The criminal justice system needs to keep current with these changes, so they can be effective with their cases.
The cases of each crime must fully document. The case file needs to be handling with the proper authority. These cases are the determine cards regarding a plea barraging deal. Just as there are countless people that are in jail and incident, there are countless case files that do not have good records. They do not make proper documentation. There have been countless cases that have been throughout of court due to improper documentation or/and lack of documentation.
The reasons for this range from having the resources to the manpower; Even though we live in highly advanced technology world, not every city is updated with the latest technology. When deciding person fate, which is what plea –bargaining is, we need to have all the facts to serve justice. This is why it is critical with the proper documentation. With the change in our society, today, it can make a viewpoint of plea barraging that would not be possible fifteen years ago. This is mostly due to overcrowded jail, high budgets for jail and to avoid a trial. When plea-barraging the concept of deciding lesser evil comes up in a lot of cases.
Cases for plea bargaining should not be for those criminals that have murder history. These types of criminals are dangerous. There are some of these criminals that can change even after killing. That is the other angle when dealing with the plea bargain. Again, it is a matter of evaluating each case carefully. Again, this paper is too partly to explain how plea bargaining work and the domino effect. This is why it was evaluated at different things that affected criminal justice. There is no straight arrow when deciding plea-bargaining. Again, that is why information is needed in every angle. There should be nothing that should be dismissed when dealing with plea bargaining. The smallest evidence, the smallest clue, could all play an important role in the fate of plea-bargaining. Again, technology plays a role with plea-bargaining.
Today society there is strong switch from print to digital. This does affect the criminal justice system. A pretend case example will be given to show how this is relating to plea bargaining. If a man is being arrested for kidnapping, and there were certain items that he purchased that was confirmed to be helpful for the kidnapping. This would be his tool box. If this man is doing anything digital with the new society, it might be helpful or a disadvantage for this case. That is why there is countless research with the depths of technology and how it affects the criminal justice system. Again, this information all pertains to the deterring factors of plea bargaining.
Again, plea bargaining is about not just looking at the box but outside the box. Sadly there are countless times when this is information is not being evaluated. It is also important for plea bargaining to ensure that a criminal who does get due to plea bargaining and then kills again. That hurts the purpose of plea bargaining.
Does pleas bring justice? If it used correctly and the criminal does not violate the terms, plea bargaining can be a significant event for our criminal justice system. Criminals are humans, and there are some that can change with plea bargaining. Sadly for some criminal’s plea bargaining is the best alternative. Plea bargaining will always have a domino effect. Plea bargaining needs to be for the safety of society and to bring justice to society and victims’ families. This is the purpose for plea bargaining.
References
American Bar Association. (n.d.). http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/pleabargaining.html
Boetel, R. (2013, March 29, 2013). Family has mixed feelings about plea in Dolore Murder’s Case. Daily Times. Retrieved from http://www.daily-times.com/ci_22898105/family-has-mixed-feelings-about-plea-dolores-murder
Campbell, A., & Ohm, R. C. (2007). Legal Ease A Guide to Criminal Law, Evidence and Procedure (2nd ed.). Retrieved from Charles C Thomas. Publisher LTD Springfield Illinois USA
Douglas, J., & Olshaker, M. (1995). Mind Hunter: Inside the FBI’s Elite Serial Crime Unit. New York London Toronto Sydney Tokyo Singapore: Scribner.
Douglass, J., & Olskaker, M. (1997). Journey Into Darkness. New York, NY: Pocket Star Books.
Lee, T. B. (2013, 1 January 2013). Aaron Swartz and Corrupt Practice of Plea Bargaining Forbes Online. Retrieved from http://www.forbes.com/sites/timothylee/2013/01/17/aaron-swartz-and-the-corrupt-practice-of-plea-bargaining/
Totenberg, N. (2012, March 21 2013). High Court Expands Defendant Plea Bargain Right. NPR. Retrieved from http://www.npr.org/2012/03/21/149093334/high-court-throws-out-conviction-in-bad-lawyer-case
