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Accountability Has Become Hostage Of Plea Bargain. Does Plea Bargaining Undermine The Criminal Justice System? Legal And Social Impacts On Society

1643 words - 7 pages

Accountability has become Hostage of Plea Bargain. Does Plea Bargaining Undermine the Criminal Justice System? Legal and Social Impacts on Society.
Student’s Name
Institution

Contents
1.1 Background to the Study...............................................................................................4
1.2 Purpose of the Study.....................................................................................................5
1.3 Research Objectives......................................................................................................5
1.4 Research Questions.......................................................................................................6
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List of Tables
Table 3.0 Time Plan..................................................................................................................9

Accountability has become Hostage of Plea Bargain. Does Plea Bargaining Undermine the Criminal Justice System? Legal and Social Impacts on Society.
1.1 Background to the Study
A plea bargain in the legal context is an agreement between the defendant and the prosecutor, whereby the defendant agrees to plead guilty (Fisher, 2003). Plea bargain involves a particular charge; the prosecutor returns admission of guilt by the defendant with some concession. This act means that other charges against the accused are dismissed when they plead guilty to one of the several charges or a less critical charge (Gerstenfeld, 2006). The principal objective of plea bargaining is to ensure that the defendant is awarded a less severe sentence after pleading guilty to the original charge (Haugen, 2009). Criminal justice, on the other hand, refers to the institutions or practices that uphold law and order.These practices places sanctions to those who do not follow the law and awards penalties to those who violate the law (Lippke, 2011).
The principal objective of criminal justice is mitigating crime and ensuring that the law is observed (Lippke, 2013). Plea bargaining is a controversial aspect of the legal framework (Piccianto, 2004). Those that support it argue that it enhances conversation of resources in the legal system. Its opponents, however, argue that it allows law breakers to get off the hook too easily and that it undermines constitutional fundamentals as it tends to be too coercive (Lippke, 2011). It is important to note that the law does not allow the defendants to waive three important rights that are guaranteed by the constitution. These rights are right to confront the hostile witness, right to a jury trial and the right against self- incrimination (Roleff, 2003). This research proposal, therefore, will focus on accountability issues affecting plea bargaining and will also investigate if Plea Bargaining Undermines the Criminal Justice System? This study will also discuss Legal and Social Impacts of plea bargaining on the Society (Smartt, 2006).
1.2 Purpose of the Study
This study focuses on accountability issues affecting plea bargaining and will also investigate if Plea Bargaining Undermines the Criminal Justice System? This study will also discuss Legal and Social Impacts of plea bargaining on the Society (Smartt, 2006).It will focus on factors affecting plea agreement and impacts of plea bargaining as these forms the research problem that I ought to solve in this study (Zedner, 2004).
1.3 Research Objectives
The general goal of this study is to conduct an investigation and determine accountability issues affect plea bargaining and how this...

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