It ‘s a well-kept professional secret that no lawyer knows more than a relatively infinitesimal part of the law, nor does any judge. Taken from “How to Find the Law”.
Pleading guilty and what do it really mean?
Well I have finally got over my son catching a case and plea bargaining. So now I am blogging about the experience. So just what does it mean to plead guilty, to a crime? And is there such thing as innocent?
There are three primary sources of the law, statutes, judicial opinions and administrative regulations and adjudications (cited from “How to Find the Law”)
The adversarial system is the two-sided structure under which criminal trial courts operate that pits the prosecution against the defense. Justice is done when the most effective adversary is able to convince the judge or jury that his or her perspective on the case is the correct one. (From Wikipedia, the free encyclopedia)
In a guilty plea or copping a plea. There are many faucets to the pleading, take for example: charge bargaining, court charging and sentence and fact bargaining. They all represent something that gives and takes away of the charges. And also whether, your love will spend time in jail or even a chance to be placed on a bracelet.
Yet if your child is innocent why would you or they not fight the charges?
Over the years, plea bargaining, has become means of resolving criminal cases in America. According to” Plea and Charge Bargaining Research Summary ‘While there are no exact estimates of the proportion of cases that are resolved through plea bargaining, scholars estimate that about 90 to 95 percent of both federal and state court cases are resolved through this process (Bureau of Justice Statistics, 2005; Flanagan and Maguire, 1990).
Ex-offenders face tens of thousands of legal restrictions, bias and limits on their rights
This article also points out the collateral consequences of the plea bargain and why it must be repealed. But I will save that for another blog.
Now with this being so; we see why many are plea bargained? In plea bargaining, a defendant is faced with a charge at arraignment.
While being found innocent or being acquitted is, of course, the best way for defendants to avoid jail time and other penalties, going to trial is perceived as risky, because it is impossible to predict what a jury will decide. As a result, many defendants enter pleas (Bar-Gill and Ben-Shahar, 2009)( found inhttps://www.bja.gov/Publications/PleaBargainingResearchSummary.pdf
Consequently, some believe that without plea bargaining the number of cases coming to trial would remain the same or would be reduced (Bar-Gill and Ben-Shahar, 2009:740).( research). Those who are taken into custody are more likely to accept a plea and are less likely to have their charges dropped (Kellough and Wortley, 2002). More generally, legal characteristics increase the likelihood of accepting a plea, because there is more uncertainty in outcomes for both chronic and more serious offenders.
There is almost no such thing as innocent when plea bargaining you were charged with the crime. Now it is time to pay. Also plea bargaining is made to give you a deal, if you go with the flow.