Plea bargaining could also save a defendant a bunch of money since hes not going to pay lawyers as much as going through trial and might have a better chance of getting a job which brings income and defendants might not lose their jobs. In this time a criminal could plead guilty and then he would be asked to offer up his accomplices, this in turn may have granted the defendant a pardon from death. As a consequence, prosecutors who regularly engage in the practice rarely advertise it.
Answer () A counter-statement of facts in a course of pleadings; a confutation of what the other party has alleged; a responsive declaration by a witness in reply to a question. In Equity, it is the usual form of defense to the complainant's charges in his bill.
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I often wonder is plea bargaining fair? Often i look at cases like dui plea bargaining in which a person was found guilty of drinking and driving. The plea bargaining gives advantages to both the defendants and the courts system in general.
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Plea bargaining is needed on the other hand defendants tried on felony charges should not be able to appeal down to small misbehavior charges. To qualify for legal mental insanity, a person must have had no control andor knowledge of what they have done is wrong.
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considered as a result of a collective decision by a group—even if consisting of all citizens concerned as in the direct democracies of ancient times or in some small democratic communities in medieval and modern times—appears to be a law-making process that is far from being identifiable with the market process. Only voters ranking in winning majorities (if for instance the voting rule is by majority) are comparable to people who operate on the market. Those people ranking in losing minorities are not comparable with even the weakest operators on the market, who at least under the divisibility of goods (which is the most frequent case) can always find something to choose and to get, provided that they pay its price. Legislation is a result of an all-or-none decision. Either you win and get exactly what you want, or you lose and get exactly nothing. Even worse, you get something that you do not want and you have to pay for it just as if you had wanted it. In this sense winners and losers in voting are like winners and losers in the field. Voting appears to be not so much a reproduction of the market operation as a symbolization of a battle in the field. If we consider it well, there is nothing “rational” in voting that can be compared with rationality in the market. Of course voting may be preceded by argument and bargaining, which may be rational in the same sense as any operation on the market. But whenever you finally come to vote, you don’t argue or bargain any longer. You are on another plane. You accumulate ballots as you would accumulate stones or shells—the implication being that you do not win because you have more reasons than others, but merely because you have more ballots to pile up. In this operation you have neither partners nor interlocutors but only allies and enemies. Of course your own action may still be considered rational as well as that of your allies and enemies, but the final result is not something that can be simply explained as a scrutiny or a combination of your reasons and of those of people who vote against them. The political language reflects quite naturally this aspect of voting: Politicians speak willingly of to be started, of to be won, of to be fought, and so on. This language does not usually occur in the market. There is an obvious reason for that: . It is surprising to see how this simple—and I would say obvious—consideration of the nature of group decisions (and particularly of voting, which is the usual procedural device used to make them) is overlooked by both the theorists and the man in the street. Voting, and particularly voting by majority rule, is often considered a procedure not only in the sense that it renders it possible to reach decisions when the members of the group are not unanimous, but also in the sense that it seems to be the most logical one under the circumstances.