Criminal Justice Application
This is a personal statement attempting to answers four questions on the stages of the criminal trial, the pros and cons of a plea bargain, explanations to the aggravating and mitigating factors and the advantages and disadvantages of probation and parole.
Question one
The eight stages of a criminal trial include trial initiation, jury selection, opening statements, presentation of evidence, closing arguments, judges charge of the jury, jury deliberations and verdict. (Schmalleger, 2021) Opening statements are information presented to the jury by the prosecution and the defence on what they intend to and the methodology used to prove it. Presentation of evidence is a systematic process where the prosecution starts by presenting their evidence to show that the defendant is guilty. Then the defence is allowed the chance to present evidence to counter the prosecution. The closing arguments are made at the end of the case. Through a narrative presentation, both the prosecution and the defence try to persuade the jury to draw their final remarks on their side. Jury deliberations are can take a few hours if the evidence present is clear and concise. It can also take days or weeks while the jury weighs in on all factors of the cases hence many juries achieve unanimous decisions.
Question two
The advantages of plea bargaining allow the defendants to receive a lighter sentence which includes a reduction in the time spent in prison. In the event an offender accepts a plea bargain in front of a judge, legally the case that was presented is termed to be over. This also reduces the uncertainty that is always followed in a case during the time of presenting the verdict. The disadvantages of plea bargaining include the prosecution may not have enough evidence to present to the court, therefore a plea bargain being the best option to avoid the lengthy trials which may end up not on the prosecution side. Sometimes, an exaggeration of the sentencing by the prosecution could make the defendant feel pressured and accept the plea bargain. In the event, an offender is found to be not guilty they will not have a criminal record. But if they accept a plea bargain, they will have a criminal record. Moreover, in the case of a plea bargain, the court must provide approval to the agreement presented by the prosecution side and also ascertain that the defendants accept the consequences of the agreement. (Kishan, 2018) Personally, the plea bargain should be eliminated. The defendant should be given the chance to prove their case in the court to which there is a probability of being found guilty or not. If found guilty can appeal court decision or even offered parole at a later stage or probation.
Question three
Aggravating circumstances are situations within a case that increase the guilt of a crime committed. It includes the defendant induces others to contribute to the offence. The crime committed was especially dreadful or cruel and during the crime, the defendant is found to have a deadly weapon. Mitigating circumstances are deemed to be factors that can help reduce the punishment stated for the defendant in the event found guilty. It includes situations where per the criminal records the defendant has zero convictions. Moreover, the community describes the defendant to be of good character. The defendant has contributed viral evidence on some previous case to arrest a felon.
Question four
The advantages of probations and parole include low cost since imprisoning an offender is expensive. It increases employment through work release programs and inmate labour programs. Individuals on probations or parole are always based on their ties to their family therefore, the individual can be controlled. It reduces individuals association to the prison which is deemed a place where individuals are taught more crimes than others. The disadvantages of probation and parole include increased risk in the community since the individuals can commit more crimes. (Stephenson, 2020) Their increased social cost since most individuals may become liabilities. Individuals especially females may be discriminated against in the reentry programs.
Conclusion.
This paper has answered four questions. This includes the stages of the criminal trial, the pros and cons of a plea bargain, explanations to the aggravating and mitigating factors and the advantages and disadvantages of probation and parole.
References
Schmalleger, F. (2021) Criminal Justice Today: An Introductory Text for The 21st Century – 16th ed. Pearson.
Stephenson, M. L. (2020). Probation and Parole Officers Experiences Addressing Criminogenic Needs of Adult Felony Offenders.
Kishan, H. (2018). Darker side of plea bargaining: The worldwide scenario with future perspectives.International Journal for Advance Research and Development,3(6), 28-37.
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