Seminar in criminology classmate response 6 - Essay Example

Law Response 6: Criminology Luis Gonzalez says that the term “going rate” as defined by Sudnow (1965) is a typical plea bargain that is offered to a defender. I agree with the definition that Gonzalez provides because these pleas are provided only when a defendant who has committed a normal crime gets a normal penalty. Echoing Gonzalez’ views, these pleas are routine deals which are used on defenders who are typically seen on a regular basis. Moreover, for the case to be under the “going rate” name tag, the prosecutor and public defender have to have a mutual understanding.

In her third paragraph, Gonzalez asserts that the defendant does not get a fair shake in a plea deal process because he or she may plead guilty without a trial. In my opinion, even though Sudnow (1965) argues that most of the defendants pleading guilty without trial are actually guilty, some are innocent. I believe those who are innocent may also decide to plead guilty because if pleading guilty is the only way that they are likely to save themselves, they end up doing it. For example, for a defendant who comes from a low-income household and has previous records of problems with the law, he or she is likely to plead guilty even when he or she is actually innocent.

The defendant acts this way because of the possibility of being locked for only a short time. Additionally, defenders from low-income earning families are still likely to plead guilty even if they are innocent, because they would not want to gamble with a trial. People from low-income earning families may act this way because even when the state provides for them lawyer, because they do not believe in getting a just trial. As noted by Gonzalez, public defenders are known to be only accessible for only a limited time and the work they put on a case is also usually limited.

Therefore, looking at it from a defender’s point of view, most people would rather plead guilty and get a shorter sentence than take their chances in court, where the outcome might not be as favorable for them.ReferenceSudnow, D. (1965). Normal crimes: Sociological features of the Penal Code in a public defender office. Journal of Social Problems, 12, 255-76.