that are, therefore making bail discriminatory against the poor who may be of racial and/or ethnicminority status. Additionally, it is unfair because a higher proportion of those detained receive longer sentences than those who are released on bail. It is also dehumanizing and potentially detrimental for innocent people who cannot make bail to suffer in our overcrowded, gang infested, and deteriorated jails to await trial. REF:p. 173-174OBJ:076.Explain 3 legal issues in plea bargaining.440
Chapter 14: Crime and Justice in the New MillenniumANS: The U.S. Supreme Court has reviewed the propriety of plea bargaining in several decisionsand while imposing various limits on its practice, has upheld its continued use. Pleas must be made voluntarily and without pressure. However, a prosecutor can tell the defendant that they may be facing more serious charges or even death if they go to trial therefore making it in their best interest to plea bargain. Many times, defendants make a deal as part of their plea bargain to testify as a co-defendant or give evidence at trial. In plea bargaining, defendants must keep their side of the bargain in order to receive the promised leniency. Finally, despite the criminal justice systems issues with innocent defendants being charged and punished for crimes they did not commit, Accepting a guilty plea from a defendant who maintains his or her innocence is still valid. This may occur when the defendant knows that they may be punished for another indiscretion that is far worse, and therefore chooses to enter a plea on another charge despite their innocence.REF:p. 181OBJ:067.Can we improve on the current methods of jury selection? How do current procedures impact a fair trial?ANS: Under the 6thAmendment, a criminal defendant has the right to choose whether the trial will be before a judge (bench trial) or with a judge and jury. In jury selection in both civil and criminal cases, jurors are selected randomly from licensing or voter registration lists within the court’s jurisdiction. Once jurors are chosen the sometimes lengthy process of voir dire or tell the truth begins where appropriateness to sit on the jury is then determined. This is where a potential juror discloses relationships to those accused and any bias that may have led them to form an opinion already. It is becoming increasingly difficult to find impartial jurors, especially in the technological age. Jurors are now able to turn to their Blackberry’s and Iphones to seek information that may have been reported as part of a media blitz and may also not be completely accurate to form their opinions. This issue impacts a fair trial as the court process that the potential juror may become part of is supposedly where the truth will be presented based on the evidence.