why should plea bargaining not be allowed?
529300
Plea bargaining should be abolished because it encourages crime and demoralizes both victims and society. Abstract: ... Nevertheless, it weakens deterrence and respect for the law and tends to extort guilty pleas, while working to the advantage of prosecutors, defendants, and defense lawyers who want to avoid trials.
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.
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.
431466
This usually consists of a deal being made between the prosecutor and the defence an example of plea bargaining is when the prosecution offers to drop a more serious charge against the accused in exchange for guilty plea of a lesser charge and the prosecutor and defence come to an agreement to resolve the case.
1422463
To plead the fifth means to refuse to answer a question, especially in a criminal trial, on the grounds that you might incriminate yourself.
693732
In short, if anybody ever has a right to break the law, this cannot be a legal right under the law. It has to be a moral right against the law. And this moral right is not an unlimited right to disobey any law which one regards as unjust.
519752
It is also inevitable that innocent people will be convicted and sentenced to death in the world and such mistakes cannot be put right. ... The reintroduction of U.K capital punishment would not come without its mistakes, and, it could cause misery to the offenders' families.
280410
The Eighth Amendment to the United States Constitution states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This amendment prohibits the federal government from imposing unduly harsh penalties on criminal defendants, either as the price for obtaining ...
894096
One of the problems with the YCJA is the philosophy behind the act is that incarceration should be avoided at almost any cost. The thinking is young offenders have a better chance of rehabilitation in the community with supervision than they do in custody.
431287
Those in support of capital punishment believe it deters crimes and, more often than not believe that certain crimes eliminate one's right to life. ... They also believe that the risk of executing an innocent person is too high.
1211951
If in an agreement, the consideration is committing a crime, the agreement is opposed to public policy and is void. Similarly, an agreement to indemnify a person against consequences of his criminal act is unenforceable being opposed to public policy.
413498
While liquidated damages provisions can have advantages, they are not always enforceable. If the predetermined amount of damages ends up grossly disproportionate to the actual harm suffered, courts will refuse to enforce the provision on the grounds that it is a penalty instead of an estimate of actual damages.
1242788
It provides soft justice for the guilty. The advantages and disadvantages of plea bargaining may get criminals off the streets, but it could also put innocent people into prison. It opens up a court schedule, but changes the effectiveness of the criminal justice system.
1363510
The public has generally been allowed access to courtrooms in addition to court records. Anyone who wants to watch a trial or hearing can do so under the First Amendment and the common law, as long as a seat is available.
991725
The death penalty is also unjust because it is sometimes inflicted on innocent people. Since 1900, 350 people have been wrongly convicted of homicide or capital rape. The death penalty makes it impossible to remedy any such mistakes.
1378434
A plea of nolo contendere is essentially equivalent to a not guilty plea. ... A defendant has a constitutional right to have his or her guilty plea accepted by the court. False. The grand jury vote must be unanimous in order to return a true indictment.
1357900
["It's cheaper than prison. ... ", 'It scares other people who might be thinking about committing a crime. ... ', 'Sometimes people are innocent. ... ', "It's cruel. ... ", "It's not fair to the criminal's family. ... ", "It doesn't give people a chance to change. ... ", "It's hypocritical."]