Here, the prosecutor and the defendant work together to agree with each other, instead of taking the litigation to a jury. It often includes things like pleading to a lesser charge and pleading guilty in exchange for a lighter sentence. It is highly common in the US, where many cases are settled through plea bargains than by trials. This type of legal agreement enables both parties to avoid a prolonged trial under court and enables the defendant to avoid the risk of a guilty verdict at court, which can lead to a more severe sentence.
Share on Facebook Plea bargaining refers to the negotiations between prosecutors and defense lawyers on how to resolve criminal charges. Judges are sometimes part of the negotiation process as well.
Pros A bargain has the obvious advantages of certainty and reduction of risk. The defendant avoids the risk that: It also removes the risk that the defense will convince the jury to acquit or hang.
Settled cases result in happy judges, too, because their case loads lessen—prosecutors always benefit when they make judges happy. Cons A defendant who pleads guilty must admit guilt. This person loses the chance to convince the trier of fact, be it a judge or jury, of his lack of guilt.
The most seasoned trial attorneys, be they prosecutors or defense attorneys, will be hesitant to tell you that a case is a slam-dunk for conviction. Juries are unpredictable, as are witnesses. Prosecutors lose a bit, too, when they bargain a case.
And when the deal does not include a specified, agreed-upon sentence, the prosecutor may end up unpleasantly surprised when the judge hands down a lenient punishment. For example, statutes proscribing driving under the influence of drugs or alcohol often specify that increased penalties will apply for repeat offenders; and certain assault crimes carry an enhanced sentence when the victim was a child or other protected person.
In these situations, the prosecutor may be able to reduce the charges to reckless driving or a lesser assault, for example. But, without reducing the charges, the prosecutor wouldn't be able to promise a lighter sentence than the minimum specified for the original charge.
Constitutional Limitations on Plea Bargaining Plea bargaining that attempts to nail down a specific sentence must involve a willing judge for the bargain to be a deal that the defendant can rely on.
But often the deal will involve only a promise that the prosecutor will not ask for a sentence greater than a certain amount. To protect themselves in these scenarios, defendants often build into the plea the option to withdraw the plea if the judge indicates that he or she will impose a sentence other than the one recommended by the prosecutor.
For more, see Withdrawing a Guilty Plea. Practical Limitations Defendants who plead guilty in exchange for a lesser charge or sentence must still appear before a judge and admit guilt. The voir dire includes asking defendants if they understand every element of the offense to which they intend to plea, and if they admit each such element.
Judges conduct these examinations in order to make sure that defendants are well aware of what they are giving up—and in order to ensure that later, a defendant cannot claim that he pleaded in ignorance of the rights that were never explained to him.
Defendants who are pleading guilty out of expediency, but who resist admitting actual guilt, will have a hard time successfully pleading before a rigorous judge.Pros and cons of plea bargaining essay.
Essay about Pros and Cons of Plea Bargaining Words 10 Pages An agreement made in a criminal case between a prosecutor and its defendant, before reaching a trial is a plea bargain. Plea Bargaining Pros and Cons. An explanation of plea bargaining, including the pros and cons. By Janet Portman, Attorney. Share on Google Plus. Share on Facebook. Plea bargaining refers to the negotiations between prosecutors and defense lawyers on how to resolve criminal charges. Pros and cons of plea bargaining essay. 4 stars based on reviews regardbouddhiste.com Essay. Baccalaureate school for global education interview essay wirers poem analysis essay objectified documentary review essay generational conflict essay writing if ever there was a time to follow your passion essay dressayre philippe charriol essay on.
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An explanation of plea bargaining, including the pros and cons. By Janet Portman, Attorney. Share on Google Plus. Share on Facebook. Plea bargaining refers to the negotiations between prosecutors and defense lawyers on how to resolve criminal charges.
Pros and Cons of Plea Bargaining - 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. Plea Bargain Pros and Cons Although plea bargaining is often criticized, more than 90 percent of criminal convictions come from negotiated pleas.
Thus, less than 10 percent of criminal cases actually go to trial. ADVANTAGES AND DISADVANTAGES OF PLEA BARGAINING Plea bargaining is a very familiar process in our criminal justice system.
Usually, the defense is allowed to bargain with a prosecutor to have a defendant plead guilty to a criminal accusation with the hope of getting a lighter punishment. 6 Pros and Cons of Plea Bargaining Plea bargaining is used in hearing a criminal case to avoid a lengthy trial, where the prosecutor and the defendant would make an agreement by themselves, instead of taking the trial to a jury, often including things like pleading guilty in exchange for a lighter sentence or pleading to a lesser charge.