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 offer can occur at any …show more content…
Prosecutors may only "recommend" to the court the acceptance of a plea arrangement. The court will usually take proofs to ensure that the above three components are satisfied and will then generally accept the recommendation of the prosecution. The court uses the plea bargaining process as a way to alleviate the need to schedule and hold a trial on an already congested court calendar. Judges are also aware of jail/prison overcrowding and may be receptive to the "processing out" of offenders who are not likely to do much jail time anyway. For prosecutors, a lightened caseload is equally attractive. Most importantly, an offer assures a conviction, even if it is for a lesser charge or crime. This ensures that the prosecuting agency keeps its statistics looking good, and keeps the confidence alive inside the community. No matter how strong the evidence may be, no case is a predetermined conclusion. Prosecutors are often at risk of waging a long and expensive trial with a chance of losing, similar to that of the O.J Simpson murder trial. Prosecutors may use plea bargaining as means to advance their case against a co-defendant. They may accept a plea bargain arrangement from one defendant in return for damaging testimony against another. This way, they are assured of at least one conviction even if it’s a lesser charge with the enhanced chances of captivating a conviction against the second defendant. A
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.
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.
People have long debated whether plea bargaining is the best way to handle felony cases in the justice system. This article focuses on a reformed, institutionalized way to plea bargain. The author researches the King County Prosecutors rationalized approach to the way the Early Plea Unit handles their cases.
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
Without out plea bargaining, courts and jail would be overcrowded, unorganized and forced to shut down. Moreover, people willing to accept their crimes and take punishment are rewarded with lesser sentences, saving everyone’s time, while still serving
Plea bargaining has become an essential part of our criminal justice system. A vast majority of criminal cases in the United States are resolved by plea bargaining. Despite the rights that an accused has under the US Constitution, many will still accept a plea bargain. You are presumed innocent until guilt is proven beyond a reasonable doubt, the right to a trial by jury and to have an impartial judge. Even though you have these rights under the Constitution very few defendants are choosing to use them, instead relying on a plea bargain deal to be
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.”
Pleas don’t come without drawbacks or dangers. Some fear that an innocent defendant may be pressured into a confession and plea out of fear of a more severe penalty if convicted. Another drawback is that some vicious criminals will get lenient treatment and get less than they deserve and be back out in a shorter time. “More than 90% of convictions come from negotiated pleas, which means that less than 10% of criminal cases result in trial.” This statistic starts to answer a question I had about our system. “What are the effects of plea bargaining in our courts and should there be more control over them?” The obvious effects are that fewer cases actually go to trial. With less cases
The use of plea bargaining has been prevalent in the modern Justice system throughout generations. It was not until the early twentieth century that its use became common and admissible in courts. During the early twenties the great experiment of prohibition came about, legally this resulted in the over criminalization of many laws, and saw the courts swell far beyond overcapacity. Although it's been legally used for over a hundred years, the plea bargain saw its real start begin with this massive influx of criminals. Throughout its early history the plea bargain was seen as a tool to buy freedom, lawyers and judges did not try and hide the price tag of a reduced scented, naturally it was used as a tool of corruption. Even after the end of prohibition the United States government searched to over
In all, plea bargaining serves various functions; nonetheless, the main purpose of plea bargaining is to improve “the administrative efficiency of the courts” (Wheatley 1974 in Goff, 2014, pg. 261). For instance, with plea bargaining, the courts can quickly garner a plea of guilty, and thus, a sentence can be provided for the accused, rather than attempt to prove the guilt or innocence of the accused beyond a reasonable doubt. In addition, Ken Chasse (2011) identifies other advantages of plea bargaining such as cost-saving, no consequences for violating the law and constitutional rights by the courts since the matters of plea bargaining are not reviewable (pg. 1). Furthermore, the “sentence can be known beforehand… [, and thus,] victims can be consulted more precisely about the outcome before sentence is imposed”, disclosure and discovery will not be known, “no trial errors” or reversals of the outcome by appeal courts, and both sides can also claim victory (Chasse, 2011, pg. 1).
The history of plea-bargaining dates back to early the 1800s during the Commonwealth v. Battis case. The plea-bargaining is a process of negotiation that usually involves the defendant, the prosecutor, and the defense counsel. The plea-bargaining is a practice by which prosecutors charge a defendant with a less serious crime in exchange for a guilty plea. The defense attorneys and their clients will agree to a plea of guilty when they are unsure of their ability to win acquittal at trial. Prosecutors may be willing to bargain because the evidence they have against the defendant is weaker than they would like it to be. Plea-bargaining offers prosecutors the additional advantage of a quick conviction without the need to commit the time and resources
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.
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.
It has been understood that many successful criminal prosecutions in the United States end not with jury trial, rather yet plea bargain. Plea bargains are agreements between prosecutor and defendant, where the defendant agrees to plead guilty in order to receive a lesser offence or sentence. “The mode of plea-bargaining is most closely associated with high volume, low-stakes cases like misdemeanors and low grade felonies, as well as cases in which the prosecutor and defense lawyer have a good relationship and a long history of past dealings,”(O’Hear,2008). Throughout the following report I will be creating a scenario as a prosecutor proposing a plea offer alongside with a role of defense counsel and preparing a counteroffer
Plea bargaining is important in the criminal justice system. It is an essential tool that benefits not only the prosecutor but the defense attorney and the defendant. Plea bargaining allows attorneys to decide cases without needing the judge or a jury to decide the case. It can be beneficial to both the prosecutor and the defense attorney because the prosecutor will have a conviction and the defense attorney would have gained a lesser charge for his client. Throughout this paper I will lead you through the process of plea bargaining, the pros and cons, and how it reflects on crime control and the due process model.