Discussion Board Assignment

Question

A defendant agrees to plead guilty to a crime even though he claims he didn't commit the crime. It seems that the defendant was not able to make bail and has been held in jail for 90 days. His lawyer has told him that if he pleads guilty, the maximum sentence for the crime is 60 days, so the judge would have to release him immediately. 

What Constitutional rights may have been violated by the facts set forth in this case? If you were the judge in this case, what would you do with the defendant’s plea?

Answer 1

According to Constitution Annotated.gov, "The history of the right to a speedy trial and its reception in this country clearly establish that it is one of the most basic rights preserved by our Constitution." Basically, the Fourth Amendment ensures this right.

If I were the judge in this case, and a fair one, I would try a legal way to make sure that this defendant avoid a plea bargain so that he is not burdened with a criminal record. The best possibility would be for the judge to significantly reduce bail. When the courts are overloaded, many lawyers try to push a plea bargain. The problem is that too many innocent people plead guilty just to save time or money when the consequences are a criminal record.