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Plea Bargaining in Criminal Cases

by | Jan 17, 2024

Plea bargaining is a common practice in criminal cases where the defendant and the prosecutor reach a negotiated agreement to resolve the case without going to trial. This process involves the defendant pleading guilty to lesser charges or receiving a lighter sentence in exchange for giving up the right to a trial.

There are different aspects to plea bargaining in criminal cases. The “charge” aspect where the defendant pleads guilty to a less severe charge than the one initially filed by the prosecutor or agrees to plead to certain charges in return for other charges or cases being dismissed. “Sentence” bargaining also plays a key role in most plea settlement discussions, where the defendant pleads guilty with the understanding that they will receive a specific lighter sentence than they might face if convicted at trial.

Plea bargaining saves time, resources and sentencing risks

Plea bargains can save time and resources for both the prosecution and the defense by avoiding lengthy trials and reduce the sentencing exposure risk of a trial. Additionally, both parties know the outcome in advance, providing a level of certainty that is absent in a trial. Defendants receive a lighter sentence than they would if convicted at trial.

The Judge can also play a role in plea bargaining or settlement of a criminal case. In many cases, the judge must approve the plea agreement to ensure that it is fair and in accordance with the law. Judges may have the discretion to accept or reject the proposed plea bargain and also to offer their own plea bargain as to the sentencing regardless of the prosecutor’s position. This may require the defendant to plead “to the sheet” (all charges on the complaint) because the prosecutor controls which charges can be dismissed during settlement negotiations, but the Judge is in control of sentencing. Plea agreements have specific terms and conditions that are outlined in a written agreement. The defendant typically waives certain rights, such as the right to a trial and the right to appeal.

Plea bargaining is a necessary tool in the criminal justice system in handling the administration of justice. It is a complex and controversial aspect of the criminal justice system, and its use varies by jurisdiction. While it can expedite the resolution of cases, concerns about fairness and transparency continue to be debated within legal and academic circles. There is no way the system has the resources to take every case to trial so there must be a mechanism to resolve cases and offering an incentive to the prosecution and defense to resolve the cases in most cases.



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