Plea Bargaining Process

Calling Your Bluff: How Prosecutors and Defense Attorneys Adapt Plea Bargaining Strategies to Increased Formalization

A plea bargain is a negotiation between the defendant and their attorney on one side, and the crown prosecutor on the other side. A plea bargain may give the defendant a lightened sentence, in exchange for either confessing to some crimes, or giving information that is related to the offence, for example, the location of stolen goods or the names and locations of other participants, as well as their part in the offence.

My favorite article from section III is article 11 Adapting to Plea Bargaining: Prosecutors by Milton Heumann. The reason I like this article the best is because it talks about and shows the perspectives of new prosecutors about plea agreements. That the aspect of plea bargaining are quite similar to that of new prosecutors and defense attorneys. I like how the author included illustrations of questions from an older prosecutor to the answers to a newly appointed prosecutor. I believe what Heumann tried to make valid in this article is that new prosecutors take into account that plea bargaining is a worthwhile service. I think the author did a lot of assuming in this article rather that teaching the material to his readers. Advantages to

The plea bargain (also plea agreement, plea deal, copping a plea, or plea in mitigation) is any agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor. This may mean that the defendant will plead guilty to a less serious charge, or to one of the several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence

Plea Bargaining: This is where the criminal pleads guilty for a reduction of sentencing from the prosecution.

More than 90 percent of criminal convictions come from negotiated pleas, also known as, plea bargaining. Plea bargains are used every day at both the federal and state court level. They certainly have their “proponents” as well as their “opponents”. A plea bargain basically is any agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor. That agreement is usually in the form of a defendant pleading guilty to a “lesser” crime with a reduced sentence in return for the prosecuting authority not having to expend the time, energy, expense and manpower in seeking a conviction in a trial of a more serious charge. An evaluation of the evidence against the defendant is usually a significant factor by the prosecutor in determining whether or not a plea bargain should be offered. If the prosecutor’s case is strong, the chances of a plea bargain being offered to the defendant are lessened. While at the same time, if the prosecutor feels that his evidence is on the weaker side, the probability of a plea bargain being offered is enhanced.

One reason a plea bargain may occur is because a prosecutors evidence is not as strong as they would like. Prosecutors want their cases to be as strong as possible so that they can expect a win. If they are unsure of what the outcome may be, they prefer to find a way to avoid going to trial. Plea bargains offer prosecutors a speedy conviction without committing to the necessities of a trial. However, this does not only help the prosecutor. The accused may find reduced charges, reduced defense costs, and sometimes even a shorter sentence than originally planned.

What is Plea Bargaining? Plea Bargaining is the pre-trial arrangement, which happens in a criminal methodology. Amid this system, the respondent and has his lawyer sits on one side, and the prosecutor is on the other. The litigant either consents to argue "blameworthy" or "no challenge" to a wrongdoing. Another component for plea bargaining would likewise be because the respondent uncovers data, for example, area of stolen merchandise, names of others taking part in the wrongdoing or affirmation of different crime’s, for example, a series of robberies. Consequently, a decrease in charges, or rejection of a few charges, this must be endorsed by the judge, before tolerating can occur. On the off chance that the judge does not concur, at that

In this paper, I will discuss what is plea bargaining, the benefits, controversy, requirements, and roles of actors. Plea bargaining Is an agreement between a defendant and a prosecutor, in which the defendant agrees to plead guilty in exchange for an agreement by the prosecutor to drop one or more serious charges, reduce the charge to a less offense, or recommend to the judge a specific sentence. The benefits of plea bargaining are the following.

What is plea bargaining? According to Black’s Law Dictionary it is a negotiated agreement between a prosecutor and a criminal defendant whereby the defendant pleads guilty to a lesser offense or to one of multiple charges in exchange for some concession by the prosecutor. This usually involves the defendant pleading guilty to a lighter sentence. If the offer by the prosecution is accepted then the defendant can either plead guilty or nolo contendere which means “I do not contest this.” Both of the pleas are similar, the only difference is the nolo contendere plea cannot be used as admission of guilt in a civil case (Siegel, Schmalleger, & Worrall, Chapter 12, 2011).

No one knows how juries will react in certain situations. For most defendants the incentives far outweigh the disadvantages. One benefit is receiving a lighter sentence on a lighter charge than they would have received if gone to trial and lost. They pretty well know that they will be found guilty so they help the court by pleading guilty and saving them time. In return, the court offers a lighter sentence for the plea. Another benefit of plea-bargaining is monetary. If represented by private counsel, the defendant usually spends a bundle on their fees. It takes less time and effort to go through a plea bargain that does a trial. Some other reasons are to have less socially stigmatizing offense on one’s record. Another is just to avoid publicity and the hassle of minor offenses.

According to Timothy Sandefur’s In Defense of Plea Bargaining article, “a plea bargain is a contract with the state. The defense agrees to plead guilty to a lesser crime and receive a lesser sentence, rather than go to trial on a more severe charge where he faces the possibility of a harsher sentence.” We are also told in The New York Times Article; Federal Law on Sentencing is Unjust, Judge Rules that “about 97 percent of federal criminal convictions nationwide were the result of plea bargains.”

The goal of this research paper is to analyze plea bargain and discuss whether it complies with Constitution of United States. In order to accomplish this goal, conception of plea is explained in details, as well as its advantages and disadvantages for some of the participants and the system as a whole. Also Constitution is analyzed in terms of plea bargaining case in order to find out how it correlates with principal law. Besides cases of using plea bargaining and their results are explained in this research paper.

A plea bargain (“offer”) is an agreement in a criminal case whereby the prosecuting agency may offer the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a proposal of a lighter than the maximum sentence. This opportunity allows defendants to avoid the risk of a conviction at trial on a more serious charge. This also allows all involved parties to keep the court’s calendars light without exhausting resources of a court, potential public defenders, and prosecutors who are all salaried for by the expense of tax payers. If every case in the criminal justice system went to trial, the courts would be so overloaded that they would effectively be shut down.

An agreement made in a criminal case between a prosecutor and its defendant, before reaching a trial is a plea bargain. The prosecutor offers an opportunity to the defendant to plead guilty. By agreeing to plead guilty to a crime the defendant would in exchange get a prosecutor’s promise to convince the judge to reduce the sentence. It is really impossible to predict what a jury is going to decide in a trial. I personally think that plea bargaining is being used as an easy way out; instead of having the person who committed the crime pay for what they did by serving the whole time. By managing a plea bargain the terms can sometimes be used to include pondering on how it works and who it can help.