Criminal Justice Essay

616 Words May 1st, 2016 3 Pages
Out of all of the issues that were discussed in the chapter discussed in this week’s text I believe that plea bargaining is the biggest issue we face today. There are laws that are set in place by federal and state legislatures and they are often disregarded when it comes to the decision of the prosecutor. People sometimes get exactly the punishment that the law says, other times they may receive a plea bargain for a much lesser sentence or punishment. This to me is just plain wrong, if there is a law that governs a certain action, a specific and certain punishment should follow. There is not enough power in the hands of judges when it comes to sentencing, this often results in prosecutors bullying defendants into pleading guilty to crimes …show more content…
Jed Rakoff has suggested that magistrates called junior judges and magistrate judges in the federal system would listen to both prosectors and defense lawyers, each would have their chance to explain their opposition, then the judge would make a recommendation. Rakoff said that by introducing such a system plea bargaining would be brought into the open and defendants would be given a significant relief of pressure deciding whether to risk a longer sentence by going to trial. Rakoff is highly against mandatory minimums and is hoping for a change as he thinks it will initiate more protection and guidance to defendants opposed to taking their chances. Overall I do believe that people who break the law should be punished, some should have the book thrown right at them. However, there are many criminals who break the law and commit petty offenses and end up serving a longer sentence than someone who hurt someone. Sometimes the law does not make sense and the judges, prosecutors, and juries are not on the same page. A more thorough plea bargaining system would benefit the courts and those who break the law, it just seems at times that plea bargaining has lost its meaning to a lot of prosecutors. Keeping the aspect of the court in check is very important if it wants to have any true meaning.

Related Documents