Criminal Procedure And The Court System

1056 words - 5 pages

The idea of having a criminal law, procedure and a proper court system has been a concern and must in the United States since it was first founded. This concept is always under consistent speculation and undergoes changes almost every year. One of the most influential pieces included into the procedure of criminal law and the court system is the Bill of Rights. The Bill of Rights was created by the representatives of America to not only enforce the idea of substantive law, but also create a framework for the rights of every day Americans. Ever since the creation of the Bill of Rights, there has been a constant need for change laws and procedures in order to accommodate for rights given to ...view middle of the document...

Stuntz argues that this law set up by the criminal justice system doesn’t drive punishment, but rather the opposite. These laws are created, and were created because of the crimes and punishments being issued throughout history, and the constant need for a change in order to accommodate for the large rise in crime and punishment. Along with the increased amount of laws created, there is a vast variety of codes, which often overlap and thus cause an individual to commit dozens of violations for just one crime. These codes were created because of the laws/ codes set up originally by the Bill of Rights, and are consistently changed as well as re-created in order to maintain these rights and keep civil liberty.
The next issue under discussion is what accounts for the fact that 95 percent of criminal cases end in plea bargaining, even though the sixth amendment gives the right to a jury trial in the court room. I think the reasoning behind this fact is because of the lack of intelligence from most criminals about their rights, as well as a lack of finances to be in the court setting. Another reason could be that there are other laws in the United States that could land you in jail for life even if a petty crime is committed. Take for example the issue of the forged check, this individual had forged an eighty dollar check and decided to exercise his rights of a jury trial. This idea unfortunately turned against him and instead of facing five years, the jury found him guilty and he was then sentenced to life in prison. Plea bargaining offers a short and sweet alternative to sentencing rather than sitting in court which could end up taking weeks to reach a verdict. This causes individuals to not exercise their right to a jury trial and go to court and rather go with a plea bargain, which could possibly be worse than the outcome of a trial. Another issue in today’s criminal justice system is the large...

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