Wk 6 forum 1 Samuel

1. Discuss some of the reasons why a prosecutor would offer a defendant a plea agreement. Discuss your thoughts on plea bargaining. Discuss the constitutional requirements of entering a guilty plea.

As week saw through are reading this week there is many different reasons to why a prosecutor will offer a plea agreement to a defendant.  One simple reason could be to reduce the caseload of the courts.  If the offense is one that a plea agreement still offers justice/punishment and can reduce the cases in the court then that could be a valid reason to offer a plea agreement. ("Why do prosecutors offer plea bargains?," 2017)  Staying on that same vein, the prosecutor’s office could have multiple ongoing cases and they offer the lesser charged case a plea agreement so they can focus their limited resources on the higher case. I personally don’t have anything against plea agreements.  I know it was stated in are reading that some feel it hurts the poor because they are more likely to take a plea agreement even if they are innocent.  While that can definitely happen if you were to eliminate the plea agreement option those dame individuals could still be found guilty in trial and then end up with an even longer prison term.  The reality is we are all human so juries make mistakes.  Now if our courts had a 100% accuracy rate (impossible) then I could see the argument for the removal of plea agreement.

From the defendant’s side they wave three rights that are protected by the 5th and 6th amendment to enter a plea bargain.  Those rights are the right to a jury trial, the right against self-incrimination and the right to confront witnesses. ("Plea bargain," n.d.)  The court has to ensure that the defendant is pleading voluntarily, knowingly and understandingly. ("Guilty pleas," n.d.)

1. What is the difference between a bench trial and a jury trial. Discuss the advantages and disadvantages of each.

A jury trial is just like it sounds, a trial that is conducted in front of a jury where the jury is the ultimate decider of the guilt of the defendant.A bench trial is when the trial is conducted in front of only a judge and he is the deciding factor for the guilt of the defendant.There is no jury therefore it is one person’s decision not a group decision.There are advantages and disadvantages to both types of trials.

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