Plea Bargaining and the Justice an Example of the Topic Government and Law Essays by

Plea Bargaining and the Justice Recent studies done on the Criminal Justice System of the United States indicate that of all the convictions in our courts, 90 percent are as a result of plea bargains. Only a mere 10% of the cases end up in court. Hence it is right to argue that only a meager proportion of 1 person out of 10 ends up in trial to establish the truth behind the allegations heaped against him or her. Need essay sample on "Plea Bargaining and the Justice" topic? We will write a custom essay sample specifically for you Proceed The former Enron assistant boss, Michael Kopper, in August 2002 pleaded guilty to fraud charges brought against him and promised to offer assistance to bring the rest of the inpiduals behind the massive scale fraud to book. He also agreed to pay restitution amounting to over 10 million dollars. The amount of time that he was to spend jail was also to be slashed considerably due to his agreeing to help nail bigger fish in one of the biggest fraud incident in the history of the United States. Agreeably, most people would admit that this was justice for sale. This is just an exemplification of how the criminal justice system has become. The ability of this system to offer justice to all indiscriminately is highly questionable; this is the reason as to why plea bargaining is becoming increasingly unpopular. The views on the appropriateness of plea bargaining are varied, although its constitutionality is not in doubt. Majority of the public is largely dissatisfied with this saying its an effort to impede on its constitutional right, having in mind the abrasiveness and the intimidating nature of the power-welding prosecutors in the face of largely ignorant and scared defendants. To the officials sitting in the justice department, this is the way to go to ensure that the immense work log in their offices is eased. People Often Tell EssayLab professionals: How much do I have to pay someone to write my paper online? Essay writers suggest: Online Essays For Sale Writers For Hire Write My Paper For Me Reviews Cheap Essays Not Plagiarized This paper reiterates the call by most of the people that plea bargaining, whether it is necessary or not, impedes on the rights of some people to get a free and fair hearing in the court of law. John Walker Lindh, the American Taliban soldier, in 2002 entered a guilty plea. In his plea, he agreed to the charges brought against him by the state that he had served in the Taliban army and carried offensive weapons for them. His lawyers had put up a spirited fight alleging that he had been mistreated and tortured by the United States army. Had he not entered a plea, he could have served over 90 years; this was reduced to 20 years. Because of this plea, we will never know what transpired when Walker was allegedly tortured and neither are the people that thought that he could have faced the full wrath of the law satisfied, for indeed he had been a part of the conspiracy planning to unleash harm to American citizens and interests. The saddening fact about plea bargaining is that it ends up working to the benefit of the justice system and people faced by hard crimes; it rarely works positively for the petty offenders. This stems from the fact that mostly violent criminals and other big case fraudsters have something to give in terms of information and restitution that is valuable to the justice system more than the low time offenders (Schmalleger, F, 312). As afore mentioned, majority of the people are intimidated by the prosecutors and high profile lawyers in the corridors of justice, whether or not one is guilty or not. Majority of lawyers admit that more than 90 percent of the trial cases end up in to a conviction. This is as a result of the inherent flaws in our justice system. Again no one is ever certain that if he or she goes ahead and gets into trial, an acquittal is guaranteed. It is an unknown wilderness, where anything can happen. This is what drives many people into plea bargaining, to get a slash of a sentence of a crime which probably they never committed. The poor are sometimes the worst victims. The case of Erma Faye Stewart and Regina Kelly remains an eye opener. Both had been arrested on questionable grounds when a rather unreliable informant alleged that these two, together with others, were involved in drug distribution. They could not afford the huge bond and had to spend time in jail. Faced with the unfounded threat of a large sentence and fine, Stewart took the offer of a plea bargaining for a crime she had not committed. She got probation of 10 years and a fine thus tainting her rather good books. For those who went ahead into the trial room, it was established that there was no evidence that could stand and all the cases had to be dismissed. Stewart had already agreed to a plea and released on the basis of that plea, yet there was no case against her. This is a huge injustice and is a common fate that befalls a lot of people especially in the low income bracket. Those that support plea bargaining especially from the justice department cite the economics at play. This is justified by the meager amount that is allocated by to the justice departments in comparison to the intensity of the cases they have to cope with. If the whole of the amount is allocated to each case and assuming that all the cases went into trial, the states would not have adequate funds to conduct tenable investigations, by plea bargaining, the states and the relevant courts are able to save a lot of funds and time and hence focus adequately on the few that go to court, ensuring that they get a conviction. This is their argument. Many however see a conflict of interest at play here rather than economics. The public a times allege that laxity and the egoistic nature of the prosecutors is the main reason. The defenders provided by the state to the accused are not paid full time but rather for the first few hours, by advising their clients to plea bargain they are basically saving themselves from taking unnecessary extra miles that will not be compensated. On their side, the prosecutors profiles are built on the basis of the number of conviction they have to their name, very few hence can afford to lose a case; this a times may be at the expense of justice. Dispensation of justice should not only be for the satisfaction of the justice department but also the public. To most people, plea bargains are not hard enough for the nature of the crimes committed by some defendants. It is not uncommon for people accused of murder, probably facing an eminent execution, escaping with a relatively minor sentence under manslaughter having entered a plea to evade execution. It has to be understood that plea bargains are but negotiations entered into between the prosecutors and defendant to compel a defendant to accept an offense that is less than the original one, hoping that another harsher sentence will be extinguished and the sentence be lenient. (Garner, B.A, p 1173) The above happens in most cases at the proposal by the prosecution side. There are a times that prosecutors feel that their case is lacking in crucial evidence and would not hold the onslaught of the defense. This is a tactic used where there is no possibility of an acquittal or a conviction. It is done at the expense of the accused who is entangled in the web of a power game between the prosecutor and the defender who both hope to save a face. The unfairness in plea bargains stem from the lack of uniformity in the plea bargains entered and the sentences. The justice system is supposed to thrive on wheels greased by consistency, fairness and impartiality, plea bargains are a big threat to these ideals. In most cases it is the prosecutor who decides on the nature of sentence to be meted out as well as the charges to be dropped. These concessions are mostly done by the prosecution yet in the trial courts it is the prerogative of the judges. Sentences to be given and the nature of charges to be preferred or dropped is a decision made on the perceived importance of the information or restitutions such that big sentences can be quashed on that basis. This is where consistency and uniformity lacks in the sentences on similar crimes in across the states and courts. This is what impedes on the provision of justice to all. An example of where consistency has been lacking in plea bargaining is where in May 2005, an army judge could not accept a guilty plea from a certain private in the belief that he had not committed the said crime. The private was hoping to have her possible sentence thrashed half fold. This is uncommon (Nardulli, P.F, 347). Consistency would also lack where people who refuse to plea bargain get a harsher sentence than one that plea bargain, yet both are within their constitutional rights. This is a clear indication of how this practice has brought unfairness and inconsistency in the justice system and yet is proclaims to do the opposite in broad words. Although there are certain cases where a plea bargain is acceptable, like on matters pertaining to national security and classified information, plea bargaining should be limited to bare necessity. Uniformity in the sentences must be upheld if justice has to be seen to be done in the United States Justice System. Works cited FRONTLINE, Erma Faye Stewart and Regina Kelly. Posted on June 17, 2004, Retrieved on 15/01/08 Dirk Olin, Plea Bargain. The New York times magazine, September 29, 2002. Retrieved on 15/01/08 Garner, B.A Blacks law dictionary (7th ed). St. Paul: West Group. 1999: 1173 Nardulli, PF. insider Justice: Defense attorneys and the handling of felony cases. The journal of criminal law and criminology 77, 1986: 376-417 Schmalleger, F. Criminal justice today: An introductory text for the twenty first century (6th Ed) Englewood, NJ: Prentice Hall 2001; 312

DuPont Essays - Chemical Companies, DuPont, Bronfman Family, Seagram

DuPont Essays - Chemical Companies, DuPont, Bronfman Family, Seagram DuPont An investment analysis DuPont makes a variety of high-value products for industry today, including polymers, chemicals, fibers, and petroleum products...products for agriculture, electronics, transportation, apparel, food, aerospace, construction, and health care. DuPont serves customers in these and other industries every day, offering "better things for better living" as the company prepares to begin its third century of scientific, technological, commercial, and social achievement. DuPont is a research and technology based chemical and energy company with its annual revenue exceeding $39 billion. Eleuth?re Ir?n?e du Pont de Nemours, a French immigrant, established DuPont in 1802 in a small Delaware town. E.I. du Pont was a student of Antoine Lavoisier, the father of modern chemistry, and when he came to America he brought some of the new ideas about the manufacturing of consistently reliable gun powder. His product ignited when it was supposed to, in a manner consistent with expectations. This was greatly appreciated by the citizens of the growing nation, including Thomas Jefferson, who wrote thanking du Pont for the quality of his powder, which was being used to clear the land at Monticello. Many other heroes of early America owed their success, and their lives, to the dependable quality of DuPont's first product. This represents a good, strong start for a company. DuPont, which is moving through the last decade of the twentieth century and toward its third century, emphasizes several things; competing globally; sharpening its business focus; increasing productivity; committing to safety, health, and environmental excellence; and continuing to extend its significant science and technological achievement. One of DuPont's major strategies is to focus on businesses in which DuPont has core competencies, where DuPont can build competitive advantage. The most notable example of this focus was the 1993 transaction in which DuPont acquired ICI's nylon business and ICI acquired DuPont's acrylics business. This strengthened the company's position in the global nylon business while divesting a business that no longer fit its portfolio. Another major factor in the transformation of the company in the1990s was the focus on reducing costs and improving productivity. This was necessary to give the company the flexibility for competitive pricing and to grow market share and earnings. DuPont had strong plants in several countries around the world for many years, and their globalization trend continued in the 1990s. New plants opened in Spain, Singapore, Korea, Taiwan, and China, and a major technical service center opened in Japan. In 1994, a Conoco joint venture began producing oil from the Ardalin Field in the Russian Arcticthe first major oil field brought into production by a Russian/Western partnership since demise of the Soviet Union. A further major development was the redemption of 156 million DuPont shares from Seagram for $8.8 billion in cash and warrants - one of the largest stock redemptions in history. This large block of shares was redeemed at a 13 percent discount to market price. While DuPont later sold some new shares, there are 18 percent fewer shares currently outstanding than just prior to the redemption. This resulted in a significant opportunity for wealth creation for our stockholders. The share redemption was made possible by four years of cost reduction, productivity improvement and organizational change that have made DuPont strong financially and allowed them to move decisively and quickly. The DuPont that emerged from the company's transformation in the 1990s has often been described by people inside and outside the company as "the new DuPont." This characterization is only partly appropriate, because while DuPont has changed, there are many things that remain the same. The core competency in science and technology, the commitment to safety, the concern for people, the feeling of community, the emphasis on personal and corporate integrity, the future focus, and indeed the willingness to change. DuPont is a company not only out for their own interest, but also for the best interest of the world. What has always set DuPont apart is the quality of the people, people committed to making life easier and better for everybody, proud to be a part of an enterprise making "better things for better living." That was true in 1802. And it is just as true today. In the second quarter of 1995 DuPont reported earnings per share of $1.70, up 47 percent from the $1.16 earned in the second quarter 1994. Net income totaled $938 million, compared to $792 million earned in 1994. Both earnings per share and net income increased 27 percent."These outstanding results continue to reflect strong revenue gains and ongoing productivity improvements," said DuPont Chairman Edgar S.Woolard Jr. Sales for the second quarter were $11.1 billion, up 9 percent from prior year. The third quarter of the 1995 business year led DuPont to a $1.38 per share earning. This number exceeded the $.95 earned in the third quarter of 1994 by more than 45%. Net income totaled $769 million compared to $647 million earned