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Due Day 3 - Thursday
Post a 200-300 word response to ONE of the following discussion questions by clicking on Reply.
o What are the advantages and problems with plea bargaining?
Should different rules apply for the legal representation of those known to be guilty and those suspected of guilt? What problems might exist in implementing such a dividing line?
Plea-bargaining is a process structured to benefit both the defendant as well as the criminal justice system. Throughout the history of the criminal justice system, plea bargains have affected the defendant in a positive manner. A defendant can benefit from a plea bargain because of the incentives in involved. A defendant which could face multiple years of incarceration can potential avoid at least some of the years by accepting a plea bargain; or at the least have some charges dropped. The costs of attorneys and trials range up into the hundreds of thousands so people that are struggling financially should always benefit from a plea bargain. Furthermore, avoiding trial can give the defendant the best scenario as well as reduce costs significantly. In addition, plea bargains save the most important thing for anyone; time. An offender can accept a plea bargain in
If the courts feel that the plea bargain does not justify the crime or simply do not agree. In addition. but I am constantly proven wrong. sixth. In other words. this is the reason why there is a defense attorney to fight for the defendant and have a . burglary. the media has given us a platform to violate the fourth. seventh. Full trial is the result of a rejected plea bargain and ultimately the factor which determines the future of the defendant. I think the first problem would be that innocent people would be punished. The cases regarding murder. then the case proceeds to trail court regardless of previous agreements. before there is any facts or evidence presented. If individuals did not have this right. A plea-bargain is an option for the defendant but its entirely dependant on him/her of they want to exercise that right. regardless of the arraignment between the judge and the prosecutor. and eight amendent of the Bill of Rights. Whether its obvious that the individual is guilty or not. Another disadvantage of plea-bargains is that you are technically allowing convicts to either go free or limit their punishment. The fact is that every defendant has the right to a trial that is fair and judged by a jury of his/her peers. This theory is based on the method of our countries legal system. the courts make the ultimate decision. In my personal opinion. society has a bad habit of labeling individuals guilty before they are proven guilty.order to skip trial and get back their job or immediately being serving their sentence to speed the process. Although. etc that are portrayed through the media immediately present the theory that the defendant is guilty. the process should function without bias of the individual. The process of being known or suspected of guilty is an extensive and scrutiating process. I personally try to convince myself that its not the case. sexual assault. “innocent until proven guilty”. Along with the positives. there are also negatives from plea bargains. for a defendant to agree to a plea bargain means that they can no longer appeal the case and are subject to plead guilty regardless of the plea. The evidence can easily be taken out of context and used against the defendant. fifth. Primarily. their process should operate the same. In particular. this process has to be fair and consistent regardless of your history or the act which was committed.
Furthermore. Furthermore. In result. Individuals that are profiled and pre-judged are ultimately in the hands of a judge regardless of there involvement in the crime. the criminal justice would be altered into a system which is only focused on convictions and punishment. A criminal justice system designed only to punish would create a mass amount of individuals to congest the correctional facilities and ultimately creating a dangerous environment and setting the foundation for worse individuals when they are released from prison. health wise. The best way to accomplish this is through trial. an increase in inmates would mean more tax dollars and healthcare that the community is spending to maintain these individuals. healthcare. and its appearance would suffer. all factors which would increase criminal activity. . This system would not be as efficient as our system now which established rehabilitation primarily and then punishment. education. The ultimate result would be a community which is struggling economically.Saturday Post a 200-300 word response to ONE of the following discussion questions by clicking on Reply. Thankfully.response for the prosecutor. Another issue which would arrive from this altered criminal justice system is the flow of convicted individuals into the correctional facility. I personally think that the biggest challenge is establishing a line between profiling and fact. Tax money going into corrections means that there is less money being invested in the community. #2 Due Day 5 . a person must be found guilty beyond a reasonable doubt. etc. our current criminal justice system is designed specifically on justice. this method would hardly result in justice.
o What ethical problems exist with expert witness testimony in criminal prosecutions? o Why is the attorney-client privilege protected? Expert witnesses are expected to follow ethical rules and principles based on their professions.Its important for the attorney and the expert to assume that the experts file is open for both parties. mistrial. development. Violation of these rules of conduct result in the following disciplinary actions: waiver of attorney client or work product privileges. Furthermore. This privilege allows the defendant to have full disclosure with their attorney without incriminating themselves. and presentation of the testimony in their own right. correspondence and related materials are disclosed at the time of discovery. drafts. it is a right which encourages the . the testifying expert’s research files including work papers. Attorney-client privilege is a right and is extremely important to establish trust and cooperation between the attorney and the client. Furthermore. such an act would defeat the purpose of testifying. notes. These principles are extended in order to fulfill their involvement in consultation and/or testifying expert testimony. Lawyers are experts in retention. Communication with the testifying expert is not a violation of the “zone of privacy” and attorneys must operate with the understanding that communication to or from the expert will eventually be disclosed in the discovery process. client confidence is by far the most important of them all. In other scenarios. there is ethical rule violations which are acknowledged as independent for tort remedies and other related civil liabilities. lawyers are expected to follow rules of professional conduct as well. Among the various principles. and disqualification of experts and counsel. It’s important for attorney’s to acknowledge that their experts have and understanding of these duties of confidentiality and do not act in order to protect information provided to them. exclusion of expert testimony. As a result.
A lawyer is ethically responsible to continue to defend their client against the prosecution.truth so that the attorney can establish the best case possible as well as trust and cooperation between the attorney and defendant. . if the defense attorney fails to make a justified effort in the defendants best interest. This also applies if the defense is aware that the client is guilty. the results will be an unfair unbalance in the justice system. regardless of how well the rules are comprehended. The rules of attorney-client privilege are somewhat extensive so newer attorneys and defendants frequently are misinformed about all the details. In addition. The justice system is structured to ultimately arrive at justice. However. this privilege guarantees that the defense attorney cannot use information against the client for his/her personal gain. If the attorney is unaware of all the facts of the case because the defendant was too scared to share all the details. However. A defendant which is guilty will be deemed guilty regardless of the skill set of either attorney. the defense cannot establish an efficient case. the most important thing to consider is that the rules are in the defendants favor so that he/she and the attorney can establish a case which will give them the best chance for justice.
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