How To Write A Plea Bargain Essay

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The judge will authorize a plea bargain if the defendant waived his or her right to a trial, the defendant knows the charges, the defendant realizes the maximum sentence he or she could possibly receive after pleading guilty, and the defendant can make a voluntary confession in court to his or her alleged crime [1], [2]. Furthermore, the defendant can plead guilty but the judge can deny the guilty plea and plea agreement if the charge or charges have no truth to it [1], [3]. The judge does not take part in plea bargain negotiations. Prosecutors have an option to offer a plea bargain in the case.
Defendants are known to waive certain constitutional rights for a plea bargain. For instance, the Brady evidence was comprised of exculpatory or impeachment evidence that proved the innocence of the defendant [2]. Under the case of Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963), the U.S. Supreme Court mandate the prosecutors to inform defendants about the evidence [2]. In 2001, the U.S. Court of Appeals for the Ninth Circuit declared that it was unlawful for prosecutors to withhold information on the grounds of the defendant refusal to waive his
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While on the other hand the court must advise the defendant on their forfeiture of constitutional rights if they desire to make a plea bargain [3]. Some of their forfeitures are loss of property, specific civil rights, ineligibility from governmental benefits, increased punishment if the defendant is convicted of another crime in the future, and, if the defendant is not a United States citizen, their immigration status will be change [3]. The court should advise the defendant confer with their defense counsel if he or she needs more information on the forfeitures address concerning the plea bargain
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