2006-08-03 19:43:07 · 9 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
It isn't fair to anyone. There are several persons that are convicted by this-who actually didn't commit any crime, but are so scared and tired of being in jail (they cannot afford bail), that they will plead just to get out. The victims feel ignored and further victimized. They don't believe that their concerns and fears are addressed and that they are being ignored. Part of the problem is that persons that are accused of a crime are often charged with a much more severe crime with the intent of plea bargaining later on to secure a conviction. Guilt or innocence are not a concern, only a conviction rate is. The victim isn't told that this is the plan only that they are charging the perp with this much more serious crime and that they can get a conviction, yatta, yatta, yatta. So when the plea bargan is worked out and accepted, the victim feels cheated, the perp feels cheated and the prostituting attorney gains brownie points toward reelection or retention of their job and potential for a pay raise for being tough on crime. The public pretender, gets a case off of their overwhelming caseload and can move on to the next case to surrender this next person for incarceration rather than defend them. So no one outside of the Attorneys profits or feels satisfied.
2006-08-03 19:59:06 · answer #1 · answered by mcdomnhal 3 · 0⤊ 0⤋
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I would certainly fight it. Since the plea bargain was based on the aspect he would not have to file as a sex offender and the District Attorney agreed, then it is done. You are right in assuming you are governed by the laws in place at the time of the conviction or plea as his case may be. Perfect example of this is remember when possession of marijuana was a felony? Now, it is a misdomeaner. But those poor unlucky individuals, who were charged while it was a felony, still have a felony, even though the laws are now changed. It would be even more stronger it is a plea, drafted and accepted by both the DA and the defendent. I would certainly fight it. Probation officers done always know what is right. I would let the courts decide. Someone with actual power. Try contacting the DA that instituted the plea. Tell them of the problem. If your friend is still on probation, then they are still under the control of the state, therefore enabling the DA to still have an interest in the case. Argue with them. Tell them that you only took the plea so you would not have to sign in as a sex offender. Try that first. If you dont get results, then take it to the courts. Good luck.
2016-04-05 23:19:04 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Is Plea Bargaining Fair
2017-01-14 03:22:03 · answer #3 · answered by ? 4 · 0⤊ 0⤋
For some cases I think that plea bargaining is an alright thing to do---
Sometimes the prosecutor does not have a lot of evidence to convict a person(even though they may know the person is guilty, but enough evidence has to be presented to make a case) so the prosecutor will try to get the convicted to plea to the crime...even though the sentencing may be less..the person may have gotten no time or charges if the case was takent o court..
Plea bargaining is also used to try to clear up some cases that are on the court records...even though it is a sad reason....to uncrowd the system...case will be plea bargained....
Plea bargaining can also be used for the accused advantage...the accused will accept a plea bargain for a lesser charge ..ex....if a person is accused of aggravated assault and facing a sentence of 10 years in prison..the accused may plea to a simple assault charge and get 10 years probation instead of prison...
An accused person being kept in lock up may plead guilty, just to get to sentencing phase jsut to speed up the process in order to get out of jail...
The majority of the time in a plea case the victim does lose...but as part of the plea, the lawyer can ask for restitution fee(where the accused has to pay the victim money)
I agree and disagree with plea bargaining and feel it will always be used....
2006-08-03 20:44:24 · answer #4 · answered by destine4_69 4 · 0⤊ 0⤋
There is nothing right about a plea bargain. Many dangerous people are free early because of them. In addition, many innocent people are in jail because they accepted a plea bargain for fear of being convicted of a more serious offense. However, if there were no plea bargains, no "good time," no suspended sentences, etc... the jails would be overflowing even more than they are now. So, what to do? Build more jails!!!!
2006-08-04 14:27:04 · answer #5 · answered by harrison 2 · 0⤊ 0⤋
Sometimes it doesn't seem fair to the victim, but sometimes its called for as you may not get a conviction on the charges if you push forward straight ahead. Pleaing down to a lesser charge at least can win some leeway on getting a conviction. I think its better to at least get the offender off the street for even a little while than lose it altogether and risk them walking.
2006-08-03 20:03:43 · answer #6 · answered by midnightdealer 5 · 0⤊ 0⤋
Eliminate plea-bargaining, and change the judicial system to favor the victim, not the criminal.
2006-08-03 19:47:43 · answer #7 · answered by RG 4 · 0⤊ 0⤋
i think they do it just to save money cuz they don't need a trial but whether they care bout what the victim feels i don't know but they should.
2006-08-03 19:49:01 · answer #8 · answered by Anonymous · 0⤊ 0⤋
The prosecution makes the strongest case it can.
2006-08-03 19:45:52 · answer #9 · answered by coragryph 7 · 0⤊ 0⤋