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Another negative to this model is the presumption of guilt. In this system, Any person who is arrested and charged with a crime is thought of as guilty even before the trial starts. This might be true for most cases but it is definitely not true for all cases; not everyone who is charged and arrested is guilty, therefore, this makes this model a major violator of the oldest rule in American justice âInnocent until proven guiltyâ...
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A positive point to this system is that Plea Bargaining is encouraged and preferred since it eliminates the hassle and time of a trial. Plea bargaining is an informal process used to replace trials and increase efficiency, by having no opportunity to challenge, and therefore leaving no time for appeals2...
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