Plea Bargains And The Plea Bargain

2766 WordsDec 1, 201412 Pages
Plea-bargaining is known as a practice of negotiation where the prosecutor makes certain sacrifices and gives a lesser charge or sentence to the defendant in exchange for a guilty plea. Plea-bargains are done out of court, when one side begins to arrange a potential plea bargain. However the plea bargain does not go through until both the prosecuting side and the defense agree on it (Unconstitutionality). After both sides come to an agreement the plea bargain is brought before the judge, however the judge does not have to follow the prosecutor’s proposal. Some plea bargains may have to get the approval of the court before being upheld (Unconstitutionality). In plea bargains the defendants can plead guilty to some or all of the charges that are being brought against them. The prosecutor in return either gives a lesser charge which mean less maximum time incarcerated, or they can keep the same charge and lower the sentencing, which would also mean less jail time than if the defendant was found guilty in trial (Unconstitutionality). Although plea-bargaining has been done for several years, it is very controversial. There are many that believe that the United States should get rid of plea-bargaining, and there are also many that believe that plea-bargaining is a necessary and crucial part of our justice system. After examining the research and studies done by many scholars, it is clear that although plea-bargaining is sometimes necessary, it is not something that the criminal
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