why plea bargaining is unconstitutional?
12387
In a recent Supreme Court decision, Lafler v. ... Plea bargaining can be thought of as a practical way to conserve court resources, and may be a necessary evil when guilty defendants get lighter sentences as a result of their bargains. However, a plea bargain is unconstitutional when an innocent person is coerced into it.
676797
To protect against the inciting of violence or the endangerment of life. The Due Process Clause guarantees that? States will not deny people any basic or essential liberties.
666614
The thing to note is that death penalty is something that should be abolished across all the states, as it is cruel, pointless (that is, it does not deter crime), it can be extremely expensive for the government and the justice system, and it can result in the death of innocent people.
443422
Nullification, in United States constitutional history, is a legal theory that a state has the right to nullify, or invalidate, any federal law which that state has deemed unconstitutional with respect to the United States Constitution (as opposed to the state's own constitution).
430947
A defense attorney can refuse a case for any reason at all unless under judicial orders to take it (or not granted permission to withdraw). But a criminal defense attorney is wildly unlikely to refuse a case because they think the defendant did the forbidden thing.
545585
If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. A hung jury does not imply either the defendant's guilt or innocence. The government may retry any defendant on any count on which the jury could not agree."
511961
In the United States, we have written laws in place to help us settle disagreements peacefully through a fair system of justice. It is the job of the courts to interpret the laws. It is up to judges and juries to decide if we have indeed broken the law.
378384
It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional, though what counts as obviously unconstitutional is itself a matter of some debate. Judicial restraint is sometimes regarded as the opposite of judicial activism.
430413
For a defendant in a criminal case, plea bargaining provides the opportunity for a more lenient sentence than if convicted at trial, and to have fewer (or less serious) offenses listed on a criminal record. There's also the natural tendency to want to trade risk for certainty.
1280443
The Supreme Court can rule a law to be unconstitutional, but the Congress, with the States, can amend the Constitution. The separation of Federal and state powers remains one of the most distinctive features of the American legal system.
732605
Judicial restraint is sometimes regarded as the opposite of judicial activism. In deciding questions of constitutional law, judicially restrained jurists go to great lengths to defer to the legislature.
265375
Among them was the Fourteenth Amendment, which prohibits the states from depriving “any person of life, liberty, or property, without due process of law.” When it was adopted, the Clause was understood to mean that the government could deprive a person of rights only according to law applied by a court.
1291403
Plea agreements in state court are placed on the record in open court. The public would not usually be in court to hear it or order a transcript. In federal court they are in writing and may be a public record but I am not sure if the public could get it through...
1394186
Therefore, if a state found a federal law unconstitutional and detrimental to its sovereign interests, it would have the right to "nullify" that law within its borders. Calhoun advanced the position that a state could declare a national law void.
323377
Defendants usually enter an Alford guilty plea if they want to avoid a possible worse sentence were they to lose the case against them at trial. It affords defendants the ability to accept a plea bargain, while maintaining innocence.
255966
The use of plea bargaining avoids the risk of the defendant being cleared in court due to the evidence being weak or not enough and due to the rate cases are dealt with when plea bargaining is involved and practised it speeds up cases and saves the money on time consuming trials, freeing and making available criminal ...
1375020
Plea bargains allow prosecutors to avoid trials, which are shunned because they are time-consuming, labour-intensive, and costly but carry no guarantee of success. Through the rational use of plea bargaining, prosecutors can ensure some penalty for offenders who might be acquitted on technicalities.