Type of paper: Research Paper
Considerations that might legitimately contribute to a decision to charge an individual with a crime include race, religion, federalism, and the ability of evaluation. In many cases, race has infected several institutions. Considering blacks and whites, black criminals are most likely to be sentenced even if the black’s crime is lesser than the white’s. Religion, just like race, has the same influence. This brings about selective prosecution. A defendant should be limited to a claim of selective prosecution when challenging an initial charging decision. There should only be prosecution after full investigation. This is the right time to determine the intensity of the committed crime.
Plea bargaining in federal courts helps to a great extent in covering up abuses in the system. In plea bargaining, the major considerations are the practicality and suitability (expediency). Judges and prosecutors sometimes resolve cases with guilty plea to save on time and reduce the work load. In weak cases, easy conviction is usually obtained. It can also be done to give a bargaining room, where a prosecutor drops some of the charges and pretends to offer a deal. The defendant may collaborate with the prosecutor in an investigation or in a pending case. The agreement is then presented in court. For the case of federal courts, a special convention date is set where cases can be handled without trial.
The prosecutors should help the defendants by providing evidence that might assist in affirmative defense or sentence reduction. Defendants are allowed to get the prosecution evidence including police reports and other evidence that can prove the innocence of the accused. This is a direct way to fairness and impartiality in prosecution. Without these evidences, a new trial can emerge.