Respond To The Following Answer: The 2 Discussion Questions

Respond to the Following Answer The 2 Discussion Question Include At

Respond to the following: Answer the 2 discussion question. Include at least 1 reference. A good response to a written question should combine your personal experiences with theory to support your work. Be thoughtful and insightful and it must demonstrate critical thinking and analysis. A good response to the question should be about 3-4 paragraphs, and address all of the issues that are raised. (Introduction, body and conclusion.) Thank you.

When answering discussion questions use an example in your answer. These examples can be from your own experience or from something you've read in the news, on the internet, or from any other credible source M4D1: Consideration for plea bargaining Plea bargaining circumvents the trial process and dramatically reduces the time required for the resolution of a criminal case. Some prosecutors and public defenders often scramble to play “Let’s make a deal†to reduce the long waiting time before a trial begins and to reduce the enormous backlogs faced by many courts. While some critics refer to plea bargaining as “assembly line justice†and a denial of a speedy trial and full due process rights, others argue that many defendants prefer to plea bargain their cases rather than to languish in overcrowded jails awaiting a jury trial -- which may result in a longer sentence; however, some prosecutors prefer not to plea bargain and carefully consider many different factors if they do decide to plea bargain. · View the video, “ Prisoners urged to accept deals (Links to an external site.)Links to an external site. ,†[Video File][07 Min 11 Sec] · View the video, History of Plea Bargaining (Criminal Courts) (Links to an external site.)Links to an external site.

1 . You are a prosecutor presenting the defense attorney a plea offer that does NOT reduce the criminal charge and offers a very small reduction in the sentence recommendation for the defendant. Discuss which of the factors listed below you gave the greatest weight when deciding to make such a get tough offer. Factors : Employment status, drug history, age of defendant, prior felony arrests, juvenile record, probation or parole at time of arrest, detained, offense type, and amount of evidence against the defendant. You can also choose other factors not listed here, if they are more important to you.

Paper For Above instruction

The decision to present a plea offer that does not reduce the criminal charge but offers only a marginal reduction in sentencing requires careful consideration of multiple factors that relate to both the defendant’s profile and the specifics of the case. Among these factors, the most significant in my decision-making process would be the amount of evidence against the defendant. Strong evidence increases the likelihood of conviction and the severity of the potential sentence, which in turn influences the prosecutor's inclination to adopt a more stringent plea offer. For example, if the case is supported by irrefutable DNA evidence, witness testimony, or surveillance footage, the prosecutor might opt for a 'get tough' stance, knowing that the evidence makes an acquittal unlikely and a conviction probable.

Additionally, the offense type holds considerable weight. Serious offenses such as violent crimes or large-scale drug operations carry societal implications that necessitate demonstrating a firm stance. In such cases, a plea offer with minimal concessions might be used as leverage to secure a plea that aligns with public safety concerns. For instance, in cases involving assault or weapon charges, the prosecutor might be less inclined to offer substantial reductions if the defendant’s history indicates a pattern of violence or repeat offenses, further justifying a strict stance. The defendant's prior felony arrests also influence this decision; a history of violent or similar crimes corroborates the need for a firm approach, aiming to convey that the justice system is not lenient on repeat offenders.

While factors like employment status or juvenile record are relevant in understanding the defendant’s background, they generally do not carry the immediate weight in the decision to escalate the plea offer unless they relate directly to rehabilitation prospects or mitigating circumstances. For example, a juvenile record might be relevant in assessing the defendant’s potential for reform, but if the evidence against them is overwhelming and the offense severe, the focus remains on securing a conviction that reflects the gravity of the crime and the defendant’s past conduct. Overall, the most influential factor is the strength of the evidence, which justifies the firm stance and aligns with the broader goal of protecting public safety and maintaining justice integrity.

References

• Albonetti, C. (1997). The impact of plea bargaining on the defendant's right to a fair trial. Journal of Criminal Justice, 25(3), 151-162.
• Bachman, R., & Schutt, R. (2017). The Practice of Criminal Justice: A Unified Approach. SAGE Publications.
• Klein, M. W. (2004). Plea bargaining, justice, and public policy. Crime & Delinquency, 50(4), 564-585.
• Stern, V. (2012). Evidence-based plea bargaining strategies. Journal of Law and Policy, 20(2), 321-338.
• United States Department of Justice. (2020). Prosecutorial discretion and plea bargaining. Retrieved from https://www.justice.gov.