Florida National University Criminal Justice Project

User Generated

lnarvflyvrezb1980

Law

Florida National University

Description

  • Choose your argument:
  1. Prosecutors are abusing the use of plea bargains to bypass the Sixth Amendment's right to confront witnesses, while inflating their conviction rates.
  2. Prosecutors are not abusing the use of plea bargains or violating the Sixth Amendment as a means of increasing their conviction rates.
  • Support your position by (1) referencing scholarly sources (LexisNexis law review articles or academic scholarly articles from LIRN) and (2) referencing one current news event (less than five years old).
  • Draft a response that adheres to this four-paragraph essay format:
  1. Introduction (brief introduction of your argument and support).
  2. Summary of scholarly articles and how its findings support your argument.
  3. Summary of current news event (less than three years old) and a thorough analysis on how it supports the arguments drafted in the previous paragraph.
  4. Conclusion (summarize findings to support argument).

GUIDELINES:

  • Properly formatted citations are required through-out the essay.
  • This essay must flow coherently, connecting the "dots" coherently and logically. Transitions between paragraphs are crucial in maintaining that flow.
  • Draft your response in a doc file, preferably Google Docs to ensure that it does not get lost. Submit the doc file as an attachment.
  • Review the materials used from sources. Did you copy the content? Is it paraphrased? Basically, this entire essay must come from sources. None of it can possibly come from your personal, first-hand, empirical study. Therefore, each paragraph will require several citations.
  • Legal studies students follow Bluebook Practitioner Rules (fully embedded citations). All other students follow APA rules (embedded in-text cites linked to an alphabetical "references" list of all sources). Refer to the CITATION files in the Student Success Folder.
  • Formatting: Double-space. One-inch margins: top, bottom, left, and right. Font: Times New Roman, black, size 12.
  • Proofread before final submission. Refer to WRITING files in the Student Success Folder.

GRADING CRITERIA:

  • Content (40%): Response must be thorough and original; the analysis must come from the sources researched in Week Three. If sources cited are not from the FNU Library or LexisNexis, or if no sources are provided at all, there will be a 20-point deduction from the "Content" grade.
  • Sources (30%): All sources used must be primary authority or secondary scholarly from the FNU Library or LexisNexis. Sources obtained from any other search engine are unacceptable and will result in zero-points for the "Sources" grade.
  • Citations (20%): All citations must be properly formatted to meet APA, Bluebook Practitioner Rules, or Bluebook Law Review Rules. Pay close attention to the in-text and References Page requirements of APA, or, the total embedding of citations within content when following Bluebook (remember, Bluebook does NOT allow for a "references" list to be submitted; they are not placed at the bottom of a response, at the bottom of a page, or at the end of the document).
  • Grammar & Professionalism (10%): Response must be proofread and edited to meet college-level writing expectations. The overall presentation of your document must be professional (remove hyperlinks, change fonts to Times New Roman, 12, black font, create a cover page, format the entire file to one-inch margins all-around.
  • Do not use I, you, we, or us.
  • Do not use contractions.
  • Do not submit a response without credible sources & properly formatted citations.
  • The scholarly source for paragraph ii must come from LexisNexis or FNU's LIRN Database. The current news event for paragraph iii must come from a reputable news website, for example, CNN, NBC, ABC.

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Explanation & Answer

View attached explanation and answer. Let me know if you have any questions.
View attached explanation and answer. Let me know if you have any questions.

Running Head: CRIMINAL JUSTICE PROJECT

Students Name
Institutional Affiliation
Criminal Justice Project

1

CRIMINAL JUSTICE PROJECT

2

Prosecutors abuse plea bargains to bypass the Sixth Amendment's right to confront
witnesses while inflating their conviction rates.
Introduction
A plea bargain is defined as an agreement between a defendant and the
prosecutor/prosecution team. In this agreement, the defendant agrees to plead guilty to all or
part of the charges in exchange for certain confessions to the prosecution. This agreement
often takes a contractual form and has the net effect of reducing the severity of the
defendant’s charges or reducing the defendant's sentence. The practice of plea bargaining is
well entrenched in U.S judicial system. In Brady vs United States, 397 U.S. 742 (1970),
where the U.S Supreme Court emphatically held that plea bargaining is Constitutional.
Certain players in the justice system have argued that plea bargain aids judicial systems in
employing the use of its resources sparingly. However, other players in the justice system
have argued that plea bargain is coercive and undermine certain important fundamental
constitutional right. This is based on the irrefutable fact that plea bargaining requires
defendants to relinquish certain rights such as the right to confront witnesses, among other
fundamental rights contrary to the sound provisions of the Sixth Amendment that anchors the
confrontational clause; the defendant facing the accuser at trial (Maynard, 2019).
A critical evaluation of the concept of plea bargaining underscores the fact that it violates the
principles of natural justice, particularly the right to face the accuser at trial as decreed by the
Sixth Amendment. The Sixth Amendment decrees that every accused person in a criminal
action has the right to confront a witness lined to testify against them in a criminal action. This
includes but is not limited to the right to be present at trial and the right to cross-examine the
said witnesses. The constitutional foundation and basis of the Sixth Amendment were to see to
it that a defendant's conviction is not solely founded on written evidence such as Affidavits
without the defendant having the opportunity of facing and confronting their accusers at trial

CRIMINAL JUSTICE PROJECT

3

and having the opportunity to cross-examine them in court and before the jury. In the case of
Lee -vs.- Illinois, 476 U.S. 530 (1986), the court held that the confrontation clause under the
auspices of the Sixth Amendment is an important safeguard meant to promote fairness in the
administration of criminal justice. The constitutional basis for the confrontation clause was
further cemented as such in the United States Supreme Court case of Mattox vs. the United
States, 156 U.S. 237 (1895). Here,e the court established three fundamental principles as
manifesting under the confrontation clause to ensure that witnesses would testify under oath,
allow for the witness to be cross-examined by the defendant, and allow the jury to assess the
credibility of a witness. In all fairness, it is abundantly clear that prosecutors in every sense are
prone to abusing plea bargaining by bypassing the right to confront one's witnes...


Anonymous
Great content here. Definitely a returning customer.

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