Felony refers to the defense and the prosecution of crimes that are punishable by at least one year in jail. The crimes exist both in the federal and state court, but Municipal courts do not have the aptitude to handle some of the felony cases. Therefore, if city police arrest an individual charged of a felony, then the case will be transferred to a county court. Misdemeanors differentiate felonies as the latter is punishable by less than one year in prison. The paper aims to evaluate the model country that is suitable for felony trial between different states such as Saudi Arabia, Japan, US, Germany, France, England, Wales, and China.
Felony Trial in the United States
Between the listed six countries if I were on trial on a felony, I would have chosen the United States. The reason as to why I prefer the United States is the presence of plea bargaining. The main benefit of plea bargaining is that one is capable of receiving a lighter sentence for a change that is less severe than might result from a conviction at trial (Harding et al., 2017). Another benefit that defendants can reap from the plea bargaining is that they can save a bundle on the fee of the lawyer assuming private counsel represents them. It takes more time to try a case compared to handling a plea bargain. Therefore the defense counsel charges much higher if the case proceeds to trial (Harding et al., 2017).
China as a Country that I should Least be Tried
I want to be least tried in China because that law in this communist country is applied retroactively and analogically. An application of what one would categorize as criminal law of petty offenses is administrative instead of going through judicial institutions (GAO, 2017). Even in the instances that nominally legal institutions are put in place, as in the case with major offenses, the Chinese style is largely interrogational with little chance for the suspect to defend himself either through a lawyer or directly like it is in the United States. The proceedings of Chinese legal establishments are not public, and there is no sovereign judges and little separation of power. , and this is under firm party control (GAO, 2017). China has the highest records of executions in the world, and this is more than other nations combined. In case one is accused of committing a felony in China, they should be aware that the police have the right to detain in case they are suspicious. There are strict laws and even strict enforcement which may end up in the death penalty (GAO, 2017).
In conclusion, it is important to note that as much as China has rigid laws concerning felony and other crimes, there have been improvements in the last few decades as the rate of execution as considerably declined. The individuals who commit an offense in Chinese contemporarily are aware that with good behavior, they will be out without finishing their sentences. However, as much as there are fair considerations in place for the felony offenders due to the recent reforms, if one is convicted of a felony, then there are high chances that they may languish for decades in prison as this policies have not been entirely put into practice in the judicial system.
GAO, Y., & YU, Y. S. (2017). On the Necessity of Misdemeanor System Building in China. Northern Legal Science, 3, 010.
Harding, D. J., Morenoff, J. D., Nguyen, A. P., & Bushway, S. D. (2017). Short-and long-term effects of imprisonment on future felony convictions and prison admissions. Proceedings of the National Academy of Sciences, 114(42), 11103-11108.