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Deficiencies associated with Plea Bargaining

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One of the arguments for the abolishment of plea bargaining is that when a defendant pleads guilty, the court does not have the opportunity to scrutinize the police investigation in the case to ensure that the police conformed to the law.

In the context of this statement, do you think adequate mechanisms are in place, either by policy, law, or practice, to ensure that police are held accountable whether or not a case is plea bargained? Why? Identify and explain at least four examples to support your stance.

What measures would you recommend to ensure that the police remain accountable for conforming to the law while investigating cases where plea bargaining has been done? How would these measures help in maintaining police accountability?

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Solution Summary

This solution focuses on the problems with plea bargaining in the criminal justice system. The solution provides the student with information about unethical behavior committed by prosecutors when using this form of judicial judgment.

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In the context of this statement, do you think adequate mechanisms are in place, either by policy, law, or practice, to ensure that police are held accountable whether or not a case is plea bargained? Why? Identify and explain at least four examples to support your stance.

Unfortunately your interpretation of who the bad guy in plea bargaining is, is flawed. The problem with most plea bargains is that prosecutors engaging in unethical behavior including lying about evidence or not disclosing the lack thereof while court appointed lawyers for the defendant who are overworked and underpaid do not have the time or resources to adequately fight for defendant's who may be innocent. Therefore, when a prosecutor offers a defendant 5 years instead of 20 if he or she goes to ...

Solution provided by:
Raushaun Rigsby, MSc
Education
  • Associates of Arts , Lone Star Community College
  • Bachelor of Science , Sam Houston State University
  • Masters of Science, Kaplan University
  • Masters of Science , Kaplan University
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