Plea Bargaining

As you learned in your readings this week, a vast majority of criminal cases are resolved through plea bargaining. Evaluate when plea bargaining can occur, the ethics of plea bargaining, and how plea bargaining affects the criminal justice process. Speculate on what would happen to the criminal justice system without plea bargaining, and propose alternatives to the plea bargaining process to enhance justice and efficiency to the criminal justice process. It is recommended that your post contain approximately 400 words.

Required Resources
Text
Spohn, C., & Hemmens, C. (2012). Courts: A text/reader (2nd ed.). Retrieved from https://content.ashford.edu

Section III: Prosecutors and Defense Attorneys
Section VI: Plea Bargaining and Trial Dynamics
Article
Kerr, O. S. (2007). How to read a legal opinion: A guide for new law students (Links to an external site.).The Green Bag: An Entertaining Journal of Law, 11(1). Retrieved from http://www.volokh.com/files/howtoreadv2.pdf

This article explains the essential elements of reading a published, criminal case.
Web Pages
Cornell University Law School. (n.d.). Bill of rights (Links to an external site.). Retrieved from http://www.law.cornell.edu/constitution/billofrights

Provides a synopsis of each amendment to the U.S. Constitution.
Cornell University Law School. (n.d.). Criminal procedure (Links to an external site.). Retrieved from http://www.law.cornell.edu/wex/criminal_procedure

Defines criminal procedure and provides helpful links to other, relevant sources.
Cornell University Law School. (n.d.). Substantive due process (Links to an external site.). Retrieved from http://www.law.cornell.edu/wex/substantive_due_process

Provides a comprehensive definition of substantive due process in criminal law.

Recommended Resources
Article
Bentley, C. (2007). Constrained by the liberal tradition: Why the Supreme Court has not found positive rights in the American Constitution.Brigham Young University Law Review, 6, 1721-1765. Retrieved from http://digitalcommons.law.byu.edu/

The full-text version of this article is available in the EBSCOhost database in the Ashford University Library. This article explains the concept of strict construction of the U.S. Constitution. The rights which protect citizens today must be found in the Constitution or they do not exist.
Legal Materials
Gideon v. Wainwright (Links to an external site.), 372 U.S. 335 (1963).

The right to counsel in criminal cases. This case can be retrieved from http://www.oyez.org/cases/1960-1969/1962/1962_155
In re Gault (Links to an external site.), 387 U.S. 1 (1967).

Constitutional rights must be afforded to juveniles. This case can be retrieved from http://www.oyez.org/cases/1960-1969/1966/1966_116
Mapp v. Ohio (Links to an external site.), 367 U.S. 643 (1961).

Evidence obtained in violation of the Fourth Amendment may not be used in a criminal trial. This case can be retrieved from http://www.oyez.org/cases/1960-1969/1960/1960_236
Miranda v. Arizona (Links to an external site.), 384 U.S. 436 (1966).

Fifth Amendment rights must be read to a suspect prior to custodial interrogation. This case can be retrieved from http://www.oyez.org/cases/1960-1969/1965/1965_759
Terry v. Ohio (Links to an external site.), 392 U.S. 1 (1968).

Reasonable suspicion required for officer to conduct stop and frisk. This case can be retrieved from http://www.oyez.org/cases/1960-1969/1967/1967_67
Multimedia
PBS. (2004, June 17). The plea (Links to an external site.)[Television series transcript]. Retrieved from http://www.pbs.org/wgbh/pages/frontline/shows/plea/

Examination of plea bargaining in the United States.
Web Pages
Bill of Rights Institute. (n.d). Bill of Rights – Bill of Rights Institute. Retrieved from https://www.billofrightsinstitute.org/founding-documents/bill-of-rights/

This web page provides information on the Bill of Rights.
United States Courts. (n.d.). History (Links to an external site.). Retrieved from http://www.uscourts.gov/FederalCourts/ProbationPretrialServices/History.aspx

This web page provides a salient overview to the history of probation and post-incarceration release supervision in the United States.