Plea Bargaining and Its Controversies

Table of Contents

I - Introduction3

II - Concepts3

III - History of Plea Bargaining and Its Development in the United Of States3

IV - History of Plea Bargaining And Its Development In Brazil3

V - Main Differences Between Both Countries3

Canada3

India3

Pakistan3

Other common law jurisdictions3

VI - Constitutional Fundaments3

VII - Legal Provisions3

A - Civil Law3

B - Criminal Law3

VIII - Case in Each Country3

Estonia3

France3

Georgia3

Germany3

Italy3

Poland3

IX - Conclusions3

X - Recommendations3

XI - References3

Plea Bargaining and Its Controversies

I - Introduction

A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.

A plea bargain allows criminal defendants to avoid the risk of conviction at trial on the original more serious charge. For example, a criminal defendant charged with a felony theft charge, the conviction of which would require imprisonment in state prison, may be offered the opportunity to plead guilty to a misdemeanor theft charge, which may not carry jail time.

In cases such as a automobile collision when there is a potential for civil liability against the defendant, the defendant may agree to plead no contest or "guilty with a civil reservation", which essentially is a guilty plea without admitting civil liability.

II - Concepts

Plea bargaining is a significant part of the criminal justice system in the United States; the vast majority (roughly 90%) of criminal cases in the United States are settled by plea bargain rather than by a jury trial. Plea bargains are subject to the approval of the court, and different States and jurisdictions have different rules. The Federal Sentencing Guidelines are followed in federal cases and have been created to ensure a standard of uniformity in all cases decided in the federal courts. A two- or three-level offense level reduction is usually available for those who accept responsibility by not holding the prosecution to the burden of proving its case.

III - History of Plea Bargaining and Its Development in the United Of States

The Federal Rules of Criminal Procedure provide for two main types of plea agreements. An 11(c)(1)(B) agreement does not bind the court; the prosecutor's recommendation is merely advisory, and the defendant cannot withdraw his plea if the court decides to impose a sentence other than what was stipulated in the agreement. An 11(c)(1)(C) agreement does bind the court once the court accepts the agreement. When such an agreement is proposed, the court can reject it if it disagrees with the proposed sentence, in which case the defendant has an opportunity to withdraw his plea.

Plea bargains are so common in the Superior Courts of California that the Judicial Council of California has published an optional seven-page form (containing all mandatory advisements required by federal and state law) to help prosecutors and defense attorneys reduce such bargains into written plea agreements.

Several features of the American justice system tend to promote plea ...