What are the major factors affecting the use of plea bargains?
The four main reasons that a plea bargain is offered by the prosecutor to the defendant are:
- Defendants can avoid the time and cost of defending themselves at trial, the risk of harsher punishment, and the publicity a trial could involve.
- The prosecution saves the time and expense of a lengthy trial.
What is the importance of plea bargaining?
Plea bargaining is the primary apparatus through which judges, prosecutors, and defense attorneys cooperate and work together toward their individual and collective goals. The primary benefit of plea bargaining for both the prosecution and the defense is that there is no risk of complete loss at trial.
How does the US Constitution protect against the abuse of power by those in authority?
To prevent concentration of power, the U.S. Constitution divides the central government into three branches and creates a system of checks and balances.
What does it mean to use discretion?
1 : care in not attracting attention or letting out private information Use discretion in dealing with the situation. 2 : the power to decide what to do I’ll leave it to your discretion. discretion. noun.
What do you understand by administrative discretion?
The exercise of professional expertise and judgment, as opposed to strict adherence to regulations or statutes, in making a decision or performing official acts or duties. A discretionary action is informal and, therefore, unprotected by the safeguards inherent in formal procedure.
Why is administrative discretion needed?
In modern times, it becomes necessary to confer discretionary powers because it is not always possible to lay down standards or norms for the exercise of administrative power. Many a time there is a problem, and the administration is asked to solve it and the legislature is not sure how it can be solved.
What does the Constitution say about protecting its citizens?
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
What is an example of administrative discretion?
In public administration, administrative discretion refers to the flexible exercising of judgment and decision making allowed to public administrators. For example, a public official has administrative discretion when he or she has the freedom to make a choice among potential courses of action.
How do leaders abuse their power?
Abuse of power occurs when a leader acts in a manner that manipu- lates an area of control for personal gain at the followers’ expense-all the while avoiding basic managerial responsibility. Intention may or may not be present. Consider the power to reward.
What is an example of discretion?
Discretion is defined as the right of someone to make choices or the quality of someone who is careful about what they do or say. An example of discretion is the ability of a juror to determine a verdict. An example of discretion is not talking about politics at family dinners.
What is administrative abuse of power?
In its judgment the appeal court further expounded that “Normally there are three circumstances of ‘abuse of power’: One is that the administrative action of administrative authority has improper purpose or motive and abuse power for private gains; another is that the administrative action of administrative authority …
What are the consequences of abuse of power?
The misuse of power can hurt employee morale, lower productivity, cause high employee turnover and frequent absenteeism, cause stress-related illnesses, and harm the company’s reputation. These situations often happen when victims feel they have no one to turn to.
What is the role of defense lawyers in the plea bargaining process?
With plea bargain negotiations, the prosecutor can lower or remove charges to decrease possible sentencing. When the criminal defense lawyer is able to negotiate well, it is possible to increase the likelihood of a lesser sentencing from the judge or through the bargain.
What are some of the problems associated with plea bargaining?
List of Disadvantages of Plea Bargaining
- It allows presentation of the accused with unconscionable pressure.
- It can lead to poor case preparation and investigations.
- It might be biased to the prosecution party.
- It might charge innocent people guilty.
- It is unconstitutional.
- It can make the justice system suffer.