What is a plea bargain and why is it important?
Plea bargains allow prosecutors to avoid trials, which are shunned because they are time-consuming, labour-intensive, and costly but carry no guarantee of success. Through the rational use of plea bargaining, prosecutors can ensure some penalty for offenders who might be acquitted on technicalities.
What is an example of a plea bargain?
Charge bargaining is probably the most widely known type of plea bargaining. A common example is a defendant charged with murder and facing decades in prison. In this case, the prosecution might offer to drop the murder count and have him or her plead guilty to manslaughter.
What is plea bargain in law?
Many successful criminal prosecutions in the United States end not with jury trials, but with plea bargains. Plea bargains are agreements between defendants and prosecutors in which defendants agree to plead guilty to some or all of the charges against them in exchange for concessions from the prosecutors.
What would happen without plea bargaining?
Plea bargaining is an administrative necessity—without it, courts would be flooded and the justice process would get bogged down. Plea bargaining saves the prosecution, the courts, and the defendant the costs of going to trial.
What is the most common explanation for plea bargaining?
Charge Bargaining: the most common form of plea bargaining, the defendant agrees to plead guilty to a lesser charge provided that greater charges will be dismissed. A typical example would be to plead to manslaughter rather than murder.
Is plea bargaining good or bad?
For defendants, the most significant benefit to plea bargaining is to take away the uncertainty of a criminal trial and avoid the maximum sentence that a conviction at trial could mean. Accepting a plea bargain could also save you a lot of money on attorney’s fees if there is a strong likelihood of a conviction anyway.
Is plea bargaining fair?
While this process has been 1 Page 4 Research Summary: Plea and Charge Bargaining 2 deemed fair by some, numerous other researchers and practitioners find disparities within the system among those defendants who accept a plea and those who go to trial.
Should you enter into a plea bargain?
When it’s possible, you should consider plea bargaining in a case against you. Considering a plea bargain does not mean it is the best option, or that you should take it, but it is always an option that should be discussed. Most criminal prosecutions end with a plea bargain.
Can I go to trial after accepting a plea bargain?
A plea bargain might truly be in your best interest, but if you plead guilty or no contest to a charge, you waive the right to a trial and if you are sentenced unfairly, you might not even have the right to appeal the sentence. Remember, judges will usually accept what a prosecutor recommends for a sentence, but is not required to do so.
What are the pros and cons of plea bargaining?
The Pros and Cons of Plea Bargaining. When faced with criminal charges, a defendant often has one simple goal. That is, to minimize the potential penalty. Of course, being found innocent at trial, and being aquitted, is the best way to avoid jail time and other penalties.
Should I take the plea bargain or go to trial?
In cases where the plea bargain or a jury trial is a coin toss, then a trial may be a better idea. Risks Taken in a Trial The biggest problem with a jury trial is that it takes the decision out of your lawyer and the prosecutor’s hands and places it with the jury. Despite the science of jury studies, they remain difficult to predict.