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page:
2 pages/≈550 words
Sources:
2
Style:
APA
Subject:
Law
Type:
Essay
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 8.64
Topic:

Time Served

Essay Instructions:
Use Abraham S. Blumberg’s Article 16 and Gershowiz and Killinger’s Article 17 to explain how the operation of the criminal court can frequently deny a defendant their due process justice. In the process explain how the different courtroom actors push defendants to plead guilty to “time served,” even if they might be innocent, how and why one’s defense attorney acts as a double agent and how and why overworked prosecutors often fail to provide justice for defendants. Think about the questions: 1.How does the operation of the criminal court frequently deny a defendant’s due process? 2. What problems are described in Blumberg’s chapter? 3. How do these problems negatively impact a defendant’s right to due process? 4. What are the problems described in Gershowiz an Killinger’s chapter and how do they negatively impact a defendant’s right to due process? 5. Make sure you explain what is meant by “time-served” and why some may accept such a plea even if they are innocent. 6. What do the authors mean when they say a defense attorney acts like a double-agent? 7. How do they serve as a double agent and how might this negatively impact a defendant’s right to due process? 8. Finally, how do overworked prosecutors fail to provide justice for defendants, especially if the defendant is not guilty or is less culpable than the charges suggest? Please ensure you answer the questions in essay format DO NOT PUT TITLES FOR EACH PARAGRAPH. I have attached the articles and the bibliography to this assignment to help assist in writing the essay DO NOT USE ANY OTHER SOURCE BUT THE SOURCES GIVEN.
Essay Sample Content Preview:
Time Served Name Institution Course Instructor Date Time Served Over the years, there has been a discussion where people have raised concerns about the criminal court operation, which usually denies the defendant's right to due process. Even though different researchers have addressed the issue, Blumberg, Gershowitz, and Killinger are some of the researchers who have given in-depth research regarding the issue. The common structural issues that have affected the fairness of judicial proceedings include defensive attorneys acting as double agents, coercive plea bargaining, and overworked judicial proceedings. These factors have been highlighted as causing the defendants to make guilty pleas even when the defendants are innocent, undermining the principle of justice. One of the problems is that law enforcement is collaborating on this problem. For instance, Blumberg (2013) describes the criminal court system as a "confidence game." He highlights that rather than prosecutors, defense attorneys, and judges prioritizing justice, they have prioritized efficiency. There have been instances where they have pressured the defendants to plead guilty to "time served," where they could get an immediate release with credit for their time in custody if they accept that they are guilty. The main reason for prioritizing this approach is that it could help the court clear cases quickly, reducing the expense and time that could have been spent on the trial. This approach forces most innocent individuals to accept that they were guilty due to fear of risking a harsher sentence at trial. The power imbalance between the defense ...
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