Week 6 Prosecution and Plea Deals .edited (3).docx - Running head PROSECUTION AND PLEA DEALS Prosecution and Plea deals Christy Moore Keiser University

Week 6 Prosecution and Plea Deals .edited (3).docx -...

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Running head: PROSECUTION AND PLEA DEALS Page 1 Prosecution and Plea deals Christy Moore Keiser University December 1, 2019
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PROSECUTION AND PLEA DEALS Page 2 Being a U.S. citizen has advantages that no other country can match. Residents have rights and privileges within our boundaries. Being a resident or not, we're expected to obey U.S. rules the Government set up to maintain order and stability. If we don't follow such rules, the government's free to prosecute us. Fortunately, our Bill of Rights gave us rights until proven guilty. It gives us rights to a fair and speedy trial and the right to representation during trial. So many freedoms and practices have existed since our nation's founding. They constantly make new rules to better enforce the old rules and determine if the old rules still apply. One practice used in criminal prosecution has no mention in the Bill of Rights but was held as constitutional is plea-bargaining. This paper discusses the advantages and disadvantages of plea deals how the prosecution controls the sentencing power of judges, and how the defendants fear harsh sentencing and plea bargain. Prosecutors serve as defense counsel as they understand their impact on sentencing. Plea bargains also known as plea deals are criminal proceedings, negotiations between the defendant and his attorney on the one hand and the prosecutor on the other, in which the defendant agrees to plead "guilty" or "no challenge" to certain crimes, in return for reducing the severity of the charges, dismissal of some of the charges, the willingness of the prosecutor to recommend a particular sentence, or any other benefit to the defendant. In the United States, most successful cases result not in court trials but plea deals. Plea agreements are settlements between accused persons and lawyers, where the suspect decides to plead guilty to certain or all of the charges in exchange for the
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PROSECUTION AND PLEA DEALS Page 3 plaintiffs ' compromises. Such settlements enable attorneys to concentrate on other prosecutions and reducing the number of trials which judges are expected to track. Defendants usually agree to decrease the sentence of a defendant in plea agreements. They frequently do so by reducing the number of charges against defendants or the severity of charges. It may also be possible for attorneys to agree to recommend reduced sentences for defendants. Some plea agreements require accused persons to do more than plead guilty. For cases against other suspects, for instance, the courts sometimes propose defendant plea deals and consent to testify for the State. "The overwhelming majority (90% to 95%) of prosecutions contribute to plea deals," says Bureau of Justice Support of the Department of Justice” (Legal Information Institute 2019, para 2). The U.S. Supreme Court has recognized that plea bargaining would not occur in what it terms an "ideal environment. Likewise, the procedure does not give fair justice to the State and the defendant and will appear to subvert the ends of justice rather than advance them. The
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