PSYCHOLOGY OF COURTS Plea bargaining & The Justice System

WEEK 3 HAND IN ASSIGNMENT

Adele Jansen van Rensburg Student no 15770564 22 February 2012

INTRODUCTION The plea bargaining pattern contains an amount of strength and weaknesses from the viewpoint of the prosecution, defense and overall society significance. PROSECUTION From the prosecutions point of view, the possible advantages are straightforward; evidence and the costefficient disposition of cases. There is a significant risk for taking a case to a full trail that could lead to costly acquittals. A tough standard is to proof beyond reasonable doubt such as for fast resolvement, a guilty plea and established facts. The procedure can agree for collaboration with a continuing investigation and prosecution. This can provide inducement to the defendant such as reducing penalty in turn for testimony in another case (Lawrence, OKane, Rab, & Nakhwal, 2008) Though there are disadvantages. The defendant may be a self-confessed offender by classification which can be the cause of not taking the defendant seriously due to credibility justifications. The society may be under the belief that the defendant where place under stress to plead guilty and that behind close door, rewards where given (Lawrence, OKane, Rab, & Nakhwal, 2008). DEFENSE The degree of good judgment and flexibility, given facts, it can speed up the case with reduction in penalty via plea bargain of condition and imprisonment (Lawrence, OKane, Rab, & Nakhwal, 2008). The negative side is the defendant will make admittance, either given facts or either liability. The speeding up of the case can be seen that the defendant is given undeserved kindness to his punishment. Another drawback is that the defendant, in the continuing court case might not be able to remain innocence, depending on the degree to which the offender result or plea bargain might be used as proof in that act. The extent of the private litigation is debatable in the outcome of harm, this matter shift from whether to what amount? (Lawrence, OKane, Rab, & Nakhwal, 2008). SOCIETY SIGNIFICANCE Plea bargaining did not escape criticism in other jurisdictions. Possible drawbacks may be the cause to an aggressive chase of plea bargaining itself, but from other mistreatment in the justice system. The research is base on criticism and safeguarding that needed to be implemented into the system of plea bargaining to in order to reduce the controversial factors of the procedure (Lawrence, OKane, Rab, & Nakhwal, 2008). May weaken deterrence: Though plea bargaining may have an effect in lighter penalties in individual cases than hypothetical highest allowable by the law (thus weaken deterrence), and can be stabilizing by an enlarged amount of prosecutions that result and achieved faster (hence improve deterrence) The dependence on the character of the plea agreements are colliding with the prosecution and defense combine with the view of which section is in advance overall (Lawrence, OKane, Rab, & Nakhwal, 2008).

Offenders receive unjustifiable leniency: When the defendants does not live up to their agreement such as, collaboration and admission of objects facts, it will be withdrawn. A criticism base on unjustifiable leniency may not focus at the possibility of penalty, which in fact might add with plea bargaining. Whenever a plea bargain still has an end result in definite incarceration, yet a short-term of imprisonment is severe to the majority individuals (Hammond, 2004). Weakening procedural agreement for the defendant: The defendant can give up all rights & privileges which an element of a trade-off. Court evaluation of plea bargains can counterbalance this issue. The court is needed to be contented in any situation that a plea is intentionally going into (Lawrence, OKane, Rab, & Nakhwal, 2008). Innocent individuals are standing trial more often due to the stress to plead guilty: Yet if there is a reason to suggest a plea to a less possibility sentence, the prosecutors; (a) have to pick cases under strict finances, thus plea bargaining is only considered on important possibility of conviction; and (b) cannot recommend limitless sentences reduction that might function to add on stress on innocent defendants to confess guilt (Lawrence, OKane, Rab, & Nakhwal, 2008). Doubt regarding the benchmark verdict the defend ant is giving away too much: If fixed reductions are allowable establish on revealed criteria, it can resolve issues with value to the doubt and irregularity of the follow-on verdict (Lawrence, OKane, Rab, & Nakhwal, 2008). CONCLUSION Plea bargaining can benefit to the Criminal Justice system and bring efficiencies. Research shows agreement that substitute to the entire criminal prosecution should safeguard the main beliefs of fairness to defendants, victims and the overall society significance.

REFERENCES
Lawrence, J., OKane, M., Rab, S. & Nakhwal, J., (2008), Hardcore Bargains: What could plea bargaining offer in UK criminal cartel cases?, Comp Law. Hammond, D. (2004), Cornerstones of an effective leniency program, ICN Workshop on Leniency Programmers, Sydney, Australia