LS308 Law and Society Unit 9 assignment

Then the defense attorney proposes this agreement to

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defendant in pleading guilty. Then, the defense attorney proposes this agreement to his or her client and advises him or her to take the deal in order to receive a lesser sentence than would be possible if they took their chance at a trial by their peers. The major benefit of the plea bargain on the prosecution's side is that it ensures a conviction and guarantees that a defendant will be punished, and incarcerated if the offense is serious (Barkan, 2009). Utilizing the plea bargain reduces the congestion in the court system and reduces the time in which defendants stay in jail if they cannot pay their bail. Defendants prefer plea bargains when they do not want to risk a trial. The plea bargains also allow lower costs for those that are paying for private counsel because they do not have to endure a long trial. Also, pleading guilty to lesser charges yields a less unfavorable prior record and allows future employment opportunities to still be available. Plea bargains can help both sides of the court room by lowering the number of trials that actually go to trial, and by saving the defendant money and the amount of time spent incarcerated (Barkan, 2009). Lawyers make up the second leg of the barstool. The defense attorney in criminal cases represents the defendant against the prosecuting attorney. Acting at once as interpreter, counselor, and advocate, the defense attorney gives legal advice to the defendant by interpreting the law
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LS308 Law and Society Unit 9 assignment into layman's terms, counsels the defendant about his or her rights and the options that are available to him or her, such as going to a trial by a jury of his or her peers or taking a plea bargain, then advocates to protect those rights. The prosecuting attorney, on the other hand, defends the laws and is charged with showing that the defendant has satisfied all the elements of the crime in order to prove that he or she in fact committed the crime with which he or she has been charged. When it comes down to it, the prosecution and the defense are two sides of the same coin, both of which are essential to the proper functionality of the American legal system, with the prosecution working to uphold the laws which work to keep society safe and free from criminals, while the defense ensures that the rights of the individual are protected from any erroneous charges which may or may not arise within the bureaucratic framework of the American legal system (Barkan, 2009).
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