law and politics long answer questions

Plea Deals vs. Settlements

Key Difference

The fundamental difference is the stakes. In a plea deal, a person's liberty (jail/prison time) and a criminal record are on the line. In a settlement, the focus is usually on monetary compensation or "making a party whole."

Rights of the Accused and the 14th Amendment

4-8th amendments

-originally the bill of rights only applied to the federal government

-14th amendment and due process clause expanded protections of individual rights against state actions, ensuring states also respect these rights.

Gideon vs Wainwright: the Supreme Court case that established the right to legal counsel for defendants in state courts, emphasizing the importance of the 14th Amendment's Due Process Clause.

Crime, Categories, and Plea Bargaining

Over 90% of criminal cases in the U.S. end in plea bargains. This keeps the system from collapsing under the weight of too many trials, but it also means the "truth-seeking" function of a trial is often bypassed.

• Arguments for Reform: Critics argue plea bargaining creates a "trial penalty" where defendants are punished for exercising their right to a trial. It can also lead to innocent people pleading guilty out of fear of a massive sentence.

• Arguments against Reform: Supporters argue that without it, the courts would be so backlogged that defendants would wait years in jail for a trial, violating their right to a speedy resolution.

Mapp v. Ohio

Police entered Ms. Mapp's home without a proper search warrant and during the search they find trunk filled with obscene material.

Supreme Court rules that the exclusionary rule bars the use of evidence obtained during an illegal search and seizure.

Gideon v. Wainwright

Gideon is charged with breaking and entering a Florida pool hall and is denied court-appointed counsel. After being convicted and sentenced to 5 years in prison, he appeals.

Supreme Court rules that the state is required to appoint a lawyer to defendants who cannot afford or find one

cause of nj judge shortages

gubernatorial selection: top down selection process from governor to nominee.

-issues: senatorial courtesy allows senators from the home state of any nominee to veto their appointment

-governor must find a candidate deemed palatable by their local senator

-merit selection is a better alternative