Question

What are the three most common types of plea agreements? Discuss some kinds of criminal cases in which each of these types of plea agreements would be likely? What factors would encourage the courtroom workgroup to pursue each types of agreement?

Answer 1

Answer-

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Explanation:

1. The types of bail available to defendants entail cash bonds, surety bond and personal bond. Bails have impacted positively on the criminal justice system for reducing the strain on holding facilities due to overcrowding and budgetary implications. Bail agents play a crucial role by offering a financial security to ensure that defendants will appear in court for trial on the dates when their cases will be mentioned. It is equally important for it enables the defendants a chance to continue with their work or responsibilities as they await the hearing of their cases.
2. Formal discoveries refers to the process of gathering information through the use of formal methods for instance submitting interrogatories, requests for the production of documents, or conducting depositions. On the other hand Informal discoveries refers to receiving materials not under oath for instance via a letter or even meeting a person. As regards formal discovery in criminal cases it is used for it concerns the exchange of information mandated either by the rules of procedure or applicable law. whereas as for informal discoveries, it is used because it often facilitates a prompt resolution of a dispute without the necessity of subjecting it to a trial.
3. Exclusionary rule is a legal doctrine that stipulates that evidence collected or analyzed in violation of the defendant's constitutional rights is in some cases deemed inadmissible for a criminal prosecution in a court of law. The fruit of the poisonous tree doctrine extends the exclusionary rule by making evidence inadmissible in court if it was derived from evidence that was illegally obtained or in other words obtained in the following scenarios; through illegal arrest, unreasonable search, or coercive interrogation.
4. Three types of plea agreements include a) Charge bargaining b)Count bargaining c)Sentence bargaining. As regards the kind of cases- a) Charge bargaining- This is where the prosecution opts to charge a defendant with manslaughter instead of murder. b) Count bargaining- where the prosecution charges the defendant with Robbery and Simple assault but upon plea bargaining it resolves to charge with simple assault only. c) Sentence bargain- Where the defendant agrees to plead to the charge of misdemeanor resisting arrest, and the prosecution agrees to recommend that the judge not sentence him to jail time but rather non-custodial sentence. Factors to be considered by the courthouse work group include; The Strength or weakness of case, Criminal history of Defendant, Type of offense, Interests of the Complainant, Cost implication of the trial.
5. Larger number of juries are likely to clearly recall testimonies, make few errors in decision making, deliberate better, quality verdicts they give than smaller juries. Federal defendants are entitled to 12- person jury. State jury are 6-persons. The findings The Supreme Court has framed its analysis of jury size and decision rule questions in terms of the effects of those variables on jury behavior. Thus, the findings of researchers on the jury size with regard to decision making as a function of group size and social decision rule are of central relevance to the Court's constitutional analysis.