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Plea Bargaining - Coggle Diagram
Plea Bargaining
Prosecutorial Discretion
Defined as: Prosecutorial Discretion is the power of the prosecutor to decide what a defendant's sentence will look like (Mesrobian)
Prosecutors can use the plea bargaining system for things other than jail, such as treatment, job training, employment, and other outcomes (Black Voice News)
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An example of this would be if someone is causing a disturbance and having a mental incident they can have a sentence of mental health counselling instead of jail time this way it rehabilitates the individual instead of punishing them
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Ethics/Transparency
Police and prosecutors can charge someone by means of probable cause however this is an extremely low bar compared to the beyond a reasonable doubt conviction by a jury (American University)
If we keep the system of plea bargaining then we must raise the bar of cops and prosecutors as defendants aren't given a trial since they waive that right
Trials are an essential part of our legal system but they are rarely used - they must come back (ABA)
Trials are guaranteed by the 6th amendment and serve as a way to check on the system through community involvement and through judicial review (ABA)
Plea Negotiations usually don't happen through the court, they happen outside the courtroom usually between lawyers, prosecutors, and district attorney Pleas do not receive any oversight from the community, public, or media.
Trials serve as a way to check any form of misconduct from all parties involved such as judges checking the lawyer, judges checking any evidence and the greatest check of all the Jury (ABA)
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Counterclaims
- The Prosecution does not hold all the cards in negotiation
They say that the lawywer does have a say in Plea Deal negotiations and that they are limited by Burden of Proof and Persuation
However, in most plea deal cases the evidence isn't throghouly check or processed as theirs no trial or a jury to review and think about the evidence
- There is a lack of oversight and transparency that permits abuses
The agreement is reviewed and accepted or denied by the judge, and they claim it is subjected to scruitny by the community, voters, yet the community can't have a voice as theirs no trial by jury held