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Coerced Plea Bargian - Coursework Example

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The paper "Coerced Plea Bargain" states it is important that the debate continues among legal brains. In fact, the debate must be directed at either repelling coerced plea bargain or allowing it to continue. In the debate, the need to give the law its maximum respect must be considered…
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Coerced Plea Bargian
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Download file to see previous pages Tn what ways have this right being abused? The essence of this essay is to review a coerced plea bargain and take a stand on it.
According to the Encyclopedia of Everyday Law (2009), plea bargain “usually involves the defendants pleading guilty to a lesser offence or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that possible for the graver charge”. Alschuler gives a similar definition or the term as he states that plea bargain is a situation whereby “prosecutors and trial judges offer defendants concessions in exchange for their plea.” The basic idea, therefore, lies in the fact that in plea bargains, defendants admit their charges without or with very minimal pressure from the jury and in exchange of their ‘frankness’, receive lesser or lighter sentences.
Several practitioners of law actually act as critics of a plea bargain, arguing that the practice defeats the basic right of the defendant to go through the due processes of the law to perhaps come out victorious without any sentence. To these people, plea bargain infringes rather than promote the fundamental human rights of people (Guidorizzi, 1998). This argument notwithstanding, there are legal validities of the whole concept of a plea bargain. The Encyclopedia of Everyday Law (2009) explains that “the validity of a plea bargain is dependent upon three essential components: a knowing WAIVER of rights; a voluntary waiver; and a factual basis to support the charges to which the defendant is pleading guilty.” If plea bargains occur under these components, we say the plea bargain is valid.
For a plea bargain to be possible, there are certain legal negotiations that must go on. Koduah (2001) mentions some of these negotiations as Charge Bargaining, Sentence Bargaining and Fact Bargaining. ...Download file to see next pagesRead More
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