Okla-homey
2/7/2011, 06:29 AM
Feb 7, 1881: Plea bargaining gains favor in American courts
http://i844.photobucket.com/albums/ab7/Okla-homey/Plea-Bargain-Drunk-Driving.jpg
130 years ago today, accused Albert McKenzie pleads guilty to a misdemeanor count of embezzlement in Alameda County, California. McKenzie had originally been charged with a felony for taking $52.50 from the sewing-machine company for which he worked. However, rather than go through a trial, the prosecution and defendant agreed to a plea bargain, a practice that was becoming increasingly common in American courts.
If both sides agree on a plea bargain then the plea bargain agreement will be clearly stated on the court record before a judge who will issue the agreed upon sentence. Both sides are legally required to follow the terms of the plea bargain and the agreed upon disposition of the case.
http://i844.photobucket.com/albums/ab7/Okla-homey/pleacourtroom.jpg
The right to a trial by jury is considered a central part of the justice system from te earliest days of the United States. The Seventh Amendment of the Bill of Rights codified it as an essential part of Americans' civil liberties. When criminals were caught and charged, the government went through a trial and verdict. But in the 1800s, a trend toward plea bargaining began.
In Alameda County, from 1880 to 1910, nearly 10 percent of all defendants changed their "not guilty" pleas to "guilty of lesser charges" or pled guilty to reduced charges.
Today, the plea bargain is an essential part of the criminal justice system. The great majority of charges, over 90 percent in many jurisdictions, are resolved through some type of plea bargain.
When faced with criminal charges, a defendant often has one simple goal. That is, to minimize the potential penalty. Of course, being found innocent at trial, and being aquitted, is the best way to avoid jail time and other penalties. However, going to trial can be risky because it is impossible to predict what a jury will decide. Therefore, many defendants choose to enter a plea bargain agreement with the prosecution.
The biggest drawback to plea bargaining is for the innocent defendant who decides to plead guilty to a lesser charge in order to avoid the risk that he or she will be found guilty at trial.
Additionally, some attorneys and judges argue that plea bargaining has led to poor police investigations and attorneys who do not take the time to properly prepare their cases. They believe that instead of pursuing justice, the parties rely on making a deal and that the details of what happened and the legal consequences for those actions are less important.
http://i844.photobucket.com/albums/ab7/Okla-homey/Plea-Bargain-Drunk-Driving.jpg
130 years ago today, accused Albert McKenzie pleads guilty to a misdemeanor count of embezzlement in Alameda County, California. McKenzie had originally been charged with a felony for taking $52.50 from the sewing-machine company for which he worked. However, rather than go through a trial, the prosecution and defendant agreed to a plea bargain, a practice that was becoming increasingly common in American courts.
If both sides agree on a plea bargain then the plea bargain agreement will be clearly stated on the court record before a judge who will issue the agreed upon sentence. Both sides are legally required to follow the terms of the plea bargain and the agreed upon disposition of the case.
http://i844.photobucket.com/albums/ab7/Okla-homey/pleacourtroom.jpg
The right to a trial by jury is considered a central part of the justice system from te earliest days of the United States. The Seventh Amendment of the Bill of Rights codified it as an essential part of Americans' civil liberties. When criminals were caught and charged, the government went through a trial and verdict. But in the 1800s, a trend toward plea bargaining began.
In Alameda County, from 1880 to 1910, nearly 10 percent of all defendants changed their "not guilty" pleas to "guilty of lesser charges" or pled guilty to reduced charges.
Today, the plea bargain is an essential part of the criminal justice system. The great majority of charges, over 90 percent in many jurisdictions, are resolved through some type of plea bargain.
When faced with criminal charges, a defendant often has one simple goal. That is, to minimize the potential penalty. Of course, being found innocent at trial, and being aquitted, is the best way to avoid jail time and other penalties. However, going to trial can be risky because it is impossible to predict what a jury will decide. Therefore, many defendants choose to enter a plea bargain agreement with the prosecution.
The biggest drawback to plea bargaining is for the innocent defendant who decides to plead guilty to a lesser charge in order to avoid the risk that he or she will be found guilty at trial.
Additionally, some attorneys and judges argue that plea bargaining has led to poor police investigations and attorneys who do not take the time to properly prepare their cases. They believe that instead of pursuing justice, the parties rely on making a deal and that the details of what happened and the legal consequences for those actions are less important.