CASE STUDY Examine a case that occurred within the last 5 years where the suspect accepted a plea bargain. Provide an overview of the case while reviewing the plea-bargaining process. Additionally, di
Unit V, T he Courts and Adjudication Slide 1 Hello class, welcome to Unit V. Slide 2 Doctors Siegel and Worra ll (2019) stated that approximately 17 officers are charged with manslaughter or murder each year. Additionally, they stated that this number may increase due to the number of unarmed minority high profile shootings. So why is there more unarmed minority shootings? Examining this issue may be relevant. Additionally in this unit, we will also focus on the pretrial and trial processes. A part of the pretrial hearing process is the bail. Does anyone know what bail is? First, let's talk about the Eigh th Amendment. The Eigh th Amendment does not guarantee bail, but it does prohibit excessive bail. Now, everyone is not given bail. There are some crimes or situations where a person is not given bail. If the crime is so outrageous or the suspect has excessive criminal histo ry, he or she will not be granted bail. So again, please note that everyone is not granted bail. Now, in this unit you will also discuss the different types of va rious bails. They are as follow: a full cash bail, deposit bail, surety bail, condition bail, unsecured bond, and release on recognizance (Siegel & Worrall, 2019) . The textbook also talks about issues with the bail process. And some of the issues are that the bail process discriminates because poor people do not have the means to post bail. And al so, that innocent people may not have the means to post bail, so they are subsequently in the prison system for a longer period of time. Slide 3 Another important part of the criminal justice system is charging the defendant. Understanding this part of t he criminal justice process is essential. First it is important to understand the grand jury. The grand jury acts as an independent body that looks at the evidence that the prosecutor or state has on the defendant , a nd a grand jury determines if the state has enough evidence to bring the case to trial. Now, if the grand jury believes that there is enough evidence that exists, then an indictment is granted. And if the grand jury fails to provide probable cause, a no bail is passed. A preliminary hear ing is similar to a grand jury in that they're trying to determine if probable cause exists. The main difference between a preliminary hearing and a grand jury hearing is that a preliminary hearing is heard in front of a judge and that a preliminary hearin g is open to the public. Whereas a grand jury hearing is not. So if you were an attorney, which one of the processes would you encourage your client to pursue, a grand jury hearing or a preliminary hearing, and why? Slide 4 Another relevant part of the c riminal justice system is the plea bargaining process. If the defendant accepts a plea bargain, usually he or she receives a lesser prison sentence. So we all know the benefit of a plea bargain for the defendant. But what is the benefit of a plea bargain for the prosecutor or state? Does anyone know? Well, if state know s that it would be difficult to get a guilty verdict if the case went to trial, then this is where it would benefit the state. The prosecutor could have a lack of evidence, or a witness may not be cooperating. So in this case, they may offer the defendant a plea bargain.The textbook discusses the negative side of a plea bargain . The authors discussed a case where a defendant accepted a plea bargain and was subsequently sentenced to ten year s in prison (Siegel & Worrall, 2019) . However, when the defendant was released from prison, he then raped and also killed a seven year old girl named Meghan. This is a prime example of how using the plea bargaining process can actually be concerning , a s someone who should be given a significant sentence is provided less prison time , a nd that person now has the potential to commit the same crime or a more dangerous offense. Slide 5 Now here comes the trial. The trial occurs when all parties are ready to present their case. The prosecutor will present the evidence that they have against the defendant, to show that the defendant is guilty of the charges against him or her. Then the defense has the opportunity to show why their defendant is not guilty of th e charges. There are jury trials and bench trials. So why do you think that a defendant will choose a bench trial in lieu of a jury trial? Well, it all depends. If the defendant believes that a case may be more technical in nature, they may be inclined to utilize a bench trial, whereas the judge understands the legal issues and the case. Whereas a jury may not understand the legal issues that surround the case. Now, based on the Constitution, the defendant also has legal rights, a nd they are the right to an impartial judge, the right to be competent at trial, the right to confront witnesses. The right to an impartial jury, the right to counsel at trial, the right to a speedy trial, the right to a public trial, and the right to be convicted by proof beyond a reasonable doubt (Siegel & Worrall, 2019) . In this unit, you will also get an in depth understanding of the trial process, beginning with the jury selection and ending with the appeals process. Well, I look forward to each of you learning a lot more about the criminal justice process in this unit. Reference Siegel, L. J., & Worrall, J. L. (2019). Essentials of criminal justice (11th ed.). Boston, MA: Cengage.
