APPLICATION ESSAY 3 2
Complexities Within the Judicial System as Offenders and Victims Seek Justice
Plea bargaining is one of the biggest dispenses of justice. Plea bargaining became very
common in state courts after the Civil War. It was during the Prohibition, that plea bargaining
became the result of most liquor law violations (Bohm & Haley, p. 307, 2018). There are three
types of plea bargaining presented in the justice system. The first is allowing the defendant to
plead guilty to a smaller offense. The second is the prosecutor may offer up a counter offer, so
that the defendant may receive a lighter sentence. That does not necessarily mean that the judge
is going to accept the counter offer. The third is if the defendant pleads guilty to one of the
several charges in order for the prosecutor to drop all other charges that can be used against the
defendant.
The bargain that is presented by the prosecutor depends on three important factors. The
first factor and the most important of the three is the seriousness of the offense the defendant has
committed. The second factor is the defendant’s past criminal history or record. The third and
final factor is the overall strength of the prosecutor’s case. In the end, God is the ultimate law
and authority. He presents us with the basis of life, truth, freedom, justice, and God’s law
(Fischer, 2016).
The purpose of the courts is to provide justice to both the accused and the victim(s). The
first three duties of courts must deal with serving justice properly and efficiently. The first duty
of courts is to “do” justice. The determination on whether justice has been done or not depends
mostly on the viewpoints or interests of both parties involved with the case (Bohm & Haley, p.
283, 2018). The second duty of courts is to “appear to do justice”. The way courts accomplish
this duty is by providing due process of law. The third duty is “to provide a forum where disputes
between people can be resolved justly and peacefully”. To courts it does not matter what side
wins the case, as long as, the case was resolved justly and peacefully.
APPLICATION ESSAY 3 3
The judicial system can balance the rights of the accused and the rights of the victims by
properly providing the due process laws that are given to everyone in the United States through
the Bill of Rights. The rights of the accused can be found in a collection of the “due process
rights” in the Federal Rules of Criminal Procedure (Bohm & Haley, p. 100, 2018). Fischer
presents that the Founders Fathers understood that God gave life to all individuals along with
unalienable rights. The job of the government is to protect those unalienable rights, even though
they did not create them (Fischer, 2016).
APPLICATION ESSAY 3 4
References
Bohm, R. M., & Haley, K. N. (2018). Introduction to criminal justice (9th ed.). Columbus, OH:
McGraw-Hill Education.
Fischer, K. (2016). Biblical Principles – God & Authority & Accountability. Retrieved from
https://learn.liberty.edu/bbcswebdav/pid-20846028-dt-content-rid-
198186948_1/courses/CJUS200_B01_201820/Presentations/CJUS200_05_God_and_Aut
hority/CJUS200_05_God_and_Authority/Biblical
%20Principles_God_Authority_Accountability.pdf
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