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Ninety percent of all felony convictions are the product of negotiations between the prosecutor and the defense attorney (and sometimes the judge as well). Although the public thinks of plea bargaining as negotiating a lenient sentence, the reality is that each courthouse has an informal understanding of what a case is worth. Thus plea bargaining is governed by informal understandings of what sentence is appropriate for a given type of defendant. Trial Trial by jury is one of the most fundamental rights granted those accused of violating the criminal law.
In particular, unemployment, racial discrimination, and government policies that work to the disadvantage of the poor are the root causes of crime; only by changing the social environment will crime be reduced (Currie 1989). Although adherents of the due process model do not downgrade the need for controlling crime, they believe that single-minded pursuit of such a goal threatens individual rights and poses the threat of a tyrannical government. Thus the key function of the courts is not the speed and finality projected in the crime control model, but an insis- 20 CHAPTER 1 ■ Courts, Crime, and Controversy tence on careful consideration of each case.
By a 5 to 3 margin the Court ruled that he was entitled to a new hearing, but the outcome of that hearing is far from certain. The judge might rule that he is entitled to a new trial or hold that the original guilty verdict stands. In either case, the losing party will appeal. Whether a clear conclusion emerges is also far from certain. S. Court of Appeals for the Sixth Circuit. Television shows and mystery novels lead us to believe that all or most criminal cases are who-done-its. Most are not.