Which is an argument against plea bargaining quizlet?

Why would a judge reject a plea bargain?

However, judges may reject a plea if they believe it is not in the best interest of justice, it undermines public safety, or it fails to address the severity of the offense adequately. Factors that might lead to rejection include: The seriousness of the crime. The defendant's criminal history.

What is the common critique of plea bargaining?

The plea bargaining process has been criticized for allowing prosecutors too much discretion compared with judges, who are held to concise sentencing guidelines (Burke, 2007; Finkelstein, 1975; Ma, 2002).

What are two advantages of a plea bargain?

How long do you have to accept a plea deal?

Most plea offers come with an established expiration date, typically set within a few months of the offer's issuance. Once the original plea offer expires, the prosecutor can choose to either extend the same offer or present a new plea deal with potentially less favorable terms.

Which of the following is considered one of the cons of the plea bargaining system?

Despite its benefits, plea bargaining also has significant drawbacks. Defendants may feel pressured to accept a plea deal, even if they believe they are innocent, to avoid the risk of a harsher sentence if convicted at trial. This can lead to individuals pleading guilty to crimes they didn't commit.

Which best describes plea bargaining?

In a plea bargain, a defendant agrees to plead guilty to some or all charges in exchange for concessions from the prosecutor, such as a lesser sentence or reduced charges.

Is plea bargaining unconstitutional?

Plea bargaining presents an unconstitutional conditions problem because the practice meets both elements of the unconstitutional conditions doctrine. First, the government cannot directly deprive the accused of the constitutional rights that they waive during plea bargains.

Which of the following represents a reason why people are against the use of plea bargains?

Some of the disadvantages of plea bargaining are some people may feel like the defendant didn't effectively "pay" for the crime, the defendant may feel like their sentence isn't fair because they aren't really guilty, the defendant feels rushed into a pleading, and the defendant cannot appeal the conviction.

Which of the following is a criticism of plea bargains?

Final answer: Plea bargaining is criticized for undermining the integrity of the judicial system, coercing defendants to plead guilty, and giving excessive power to prosecutors. These criticisms suggest that the practice may compromise fair justice.

What are three reasons a defendant may choose to accept a plea bargain?

Often, a plea bargain involves reducing a felony to a misdemeanor. This can be especially useful because it may allow the defendant to preserve their civil rights, retain a professional license, and protect their job prospects.

What is it called when you plead guilty but not guilty?

Alford plea. The name, Alford plea, is taken from the case North Carolina v. Alford . An Alford plea, also known as a "best-interests plea," registers a formal admission of guilt towards charges in criminal court while the defendant simultaneously expresses their innocence toward those same charges .

What are disadvantages of accepting a plea bargain?

Can a judge deny a plea deal?

The judge has the authority to accept or reject a plea bargain. They will consider the nature of the charges and the defendant's criminal history, if any, as well as the circumstances surrounding the case.

Is a plea deal better than trial?

In a trial, the sentence and punishment that is placed on the accused is largely unpredictable. With a negotiated plea, the lawyer can seek to have charges reduced, seek probation instead of incarceration, and seek the lightest possible sentence if incarceration is demanded.

What is the argument against plea bargains?

Constitutionality argument: Some attorneys and judges also argue that plea bargaining is unconstitutional because it takes away defendants' constitutional right to a trial by jury. If you are coerced or pressured into a plea bargain agreement, then this argument may have weight.

Can a plea bargain be withdrawn?

Sometimes a defendant may accept a plea bargain and then change their mind, especially if they receive a harsh sentence. They may be able to withdraw their guilty plea, depending on the state and the stage at which they decide to withdraw it.

Should the victim always be included in the plea bargaining process?

Not only do victims have the right to offer written input into whether a plea bargaining agreement is proper, but also prosecutors must make a reasonable effort to provide them the opportunity to comment on the agreement terms.

Why do judges like plea bargaining?

Plea bargains can reduce court backlogs, ease financial strains on prosecutor's offices, and free up jail and prison space. Plea bargains hold many advantages for actors in the criminal legal system, not just defendants. Prosecutors and judges stand to gain as well.

How to negotiate a plea deal?

To get the best possible plea bargain, you approach the case from multiple angles. For example, you look for ways that the state's case is weak. You prepare a strategy to point out weaknesses to the state's attorney without revealing your trial strategy.

What are the three possible outcomes of a case involving a plea bargain?

These concessions can include reduced charges, a lighter sentence, or the dismissal of certain charges. In California, plea bargaining is an integral part of the criminal justice system.