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Would you rather spend 1 year in prison or receive 5 years of probation with very severe restrictions? Could you envision a probationary sentence that was more severe than a custodial sentence?
Explain your answer.
I would rather accept 1 year in prison than 5 years of severe restrictions. I think being patient with in 1 year in prison is easier than waiting for 5 years of different restrictions. [ [ I think custodial sentence is a very difficult and harsh sentence that a person can experience regarding probationary sentence. ] Expert answered|hazellereyes|Points 0| ]
Expert answered|prettypinks|Points 120|
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Asked 10/16/2012 7:48:38 PM
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Well plea bargains are VERY common for offenders who have priors. They have a strong incentive to work their cases out for a lesser sentence. Why do you think prosecutors often plea the very violent and serious cases as well as the lesser ones?
Weegy: A plea bargain is an agreement in which a defendant pleads guilty to a lesser charge and the prosecutor in return drops more serious charges. (More)
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Asked 10/9/2012 7:46:54 PM
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, I agree with you if the judge can hear the case out then the person may have a better chance of leniency, or if they deserve to go to jail for a number of years they will have that decision made by the judge, and the person may feel the have a better chance at their sentence.
Weegy: Each can be established through a succinct and well thought out letter that ... If you have the task of preparing a legal letter for a custody hearing, take the matter ... [ However, there are certain circumstances in which a judge assignment may be .... When a case doesn't go the way a person hopes, they can initiate an appeal ] (More)
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Asked 10/10/2012 6:36:39 PM
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Prosecutorial discretion is a law enforcement agency's authority to decide whether and to what degree to enforce the law in any given case. Prosecuter is the most powerful official in the criminal justice system as a result of prosecutorial dissection. Prosecutors exercise unfettered discretion deciding who to charge with a crime, what charges to file, when to drop charges, whether or not to plea bargain, and how to allocate prosecutor literally decides who should live and who should ide by ...
Weegy: As an elected or appointed official, the prosecutor is the most powerful official in the criminal justice system. [ Prosecutors exercise unfettered discretion, deciding who to charge with a crime, what charges to file, when to drop the charges, whether or not to plea bargain, and how to allocate prosecutorial resources. In jurisdictions where the death penalty is in force, the prosecutor literally decides who should live and who should die by virtue of the charging decision.Charging Once an arrest is made, a prosecutor screens the case to determine if it should be prosecuted or dropped. The decision to prosecute is based on the following factors: The sufficiency of the evidence linking the suspect to the offense. The seriousness of the offense. The size of the court's caseload. The need to conserve prosecutorial resources for more serious cases. The availability of alternatives to formal prosecution. The defendant's culpability (moral blameworthiness). Dropping charges After a prosecutor files a charge, the prosecutor can reduce the charge in exchange for a guilty plea or enter a nolle prosequi (nol. pros.) . A nolle prosequi is a formal statement by a prosecutor declaring that a case is discontinued. Reasons for entering a nol. pros. include insufficient evidence, inadmissible evidence, false accusations, and the trivial nature of some crimes. Plea bargaining Prosecutors also exercise discretion in negotiating pleas with defense counsel. A plea bargain is an agreement in which a prosecutor permits a defendant to plead guilty in exchange for a concession, such as reducing the charges or recommending a lenient sentence. There are advantages of plea bargaining to both the accused and the state. For the accused, it offers the possibilities of a reduced sentence and cheaper legal representation. For the government, it reduces the financial costs of prosecution, improves the efficiency of the courts by having fewer cases go to ... (More)
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Asked 10/10/2012 6:39:37 PM
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Is it ethical for a prosecutor to file criminal charges when the prosecutor does not have sufficient evidence of guilt, but believes the individual is guilty? Explain.
Weegy: The simple fact is that no, a prosecutor need not have legally sufficient evidence to bring criminal charges. "Sufficient evidence" is something which must be determined by a trier of fact. [ However, to make sure that a prosecutor does have ample evidence to justify a defendant being bound over for trial on a criminal charge- - the court allows the defendant to have a Preliminary Hearing in certain circumstances. This hearing follows the arraignment and is an opportunity for the defendant to have a mini-trial. The prosecutor at the Preliminary Hearing must show to the judge that there is Probable Cause to believe that a defendant has acted in violation of the law as they are charged. This is a low burden- -quite unlike the requirement in a criminal trial that requires a defendant to be found guilty "beyond a reasonable doubt". Now, there is another way a defendant can be brought to trial and that is to be indicted by the Grand Jury. If a prosecutor goes before a grand jury to seek an indictment, the defendant does not have the right to a preliminary hearing, and if the grand jury returns an indictment, the defendant will proceed directly to trial. So, as regards XXXXX XXXXX of it all- -clearly it is not ethical for a prosecutor to file charges against an individual if there are insufficient facts to convince the prosecutor of the defendant's participation is a crime. However, the amount of evidence needed by the prosecutor to charge, is not as much evidence as will be needed to convict. Read more: Is it ethical for a prosecutor to file criminal charges when - JustAnswer ] (More)
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Asked 10/13/2012 9:45:54 AM
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