Question: can you please give me some comments. Less that 100 words. 1. No Bail reform has caused so many problems in New York but I
can you please give me some comments. Less that 100 words.
1. No Bail reform has caused so many problems in New York but I understand the need for it sometimes. There were so many people in Rikers Island who were waiting months, even years, to see a judge only to get time served once they finally got to see a judge. This resulted in inmates serving more time than they were supposed to which also had a bad impact in their future. Kaleef Browder was one example that resulted in a terrible tragedy. And as stated before jails in New York are extremely overpopulated with people who committed petty crimes and couldnt afford bail. No Bail reform however had a bad impact on New York because many harsh crimes like vehicular manslaughter (or manslaughter in general) and any firearm possession should have never qualified. Theres absolutely no reason why anyone charged with a firearm should be released back into the street immediately. This is why gang members and other criminals dont care if they get arrested because if they get released before trial they will feel like they got away with the crime. This would also give the defendant a chance for retaliation immediately after being released. Manslaughter crimes arent always what it seem to be. Sometimes the killing may have been intentional and the defendant should not be released until they are proven not guilty. Being released before trial will give them a chance to flee as well. I feel that they shouldnt get rid of Bail Reform, it just needs to be well thought out and reformed again.
2. Plea bargaining is an agreement that allows the defendant to either accept or negociate charges in which the defendant is plead guilty in an exchange for a lesser sentence form prosecutors. The pros are that the defendant can waive their absolute right to trial and serve less time (pg. 143). Also, defendants are allowed to avoid their sentence in jail reason being for a over populated population behind bars (pg. 144). The cons are that the defense attorney can give the defendant a lower penalty where there isn't enought evidence being presented (pg. 144). Another con is that public offenders can easily reduce their workload as there can be less serious convictions from the defendant (pg. 144).
The "No Bail" law can allow offenders, who are guilty, step back into society and is unfair to the victims who are looking for justice after a crime was committed. A pro for the defendant is that they can avoid all charges even if they can't simply afford to pay for bail. This means that the offender can commit another hateful crime to another innocent victim and simply flee.
3. The Federalist Society defines plea bargain as the process in which criminal defendants waive their right to a jury trial in exchange for a lesser charge and plea guilty to what the prosecutor brings forward. According to Chapter 8 and The Federalist Society video Plea bargain makes up over 90% of all felony convictions in NYC. The video and Chapter 8 both mention the many pros of plea bargaining. The main justification for its use would be that it concludes cases quickly and efficiently. The defendant can waive their right to trial and are able to serve less time in prison which helps overcrowding correctional facilities. Prosecutors are able to focus on other cases with high level-offenders and bring those to trial without having to bring everycase with low level offense. From the Criminal Justice System perspective plea bargain definitely seems to make the process easier and faster. Offenders of minor crimes can receive their sentence without the need for trial - which costs more and takes longer. On the other hand, with plea bargain the prosector has the choice which charged they drop; The Federalist Society video mentions that in practice, when pleading guilty some prosecutors coerce defendants into giving testimonies that the prosecutors want weather it's true or not.
The New York State's "No Bail law" allows offenders to go back into society while awaiting trial which seems like a pro for the defendants, they won't have to pay bail with money they didn't have in the first place however it places a risk to society. Offenders may go on and commit more crimes while free or may flee, and it is unfair for the victim of the crime.
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