PLEA-BARGAINING

Plea-Bargaining

Table of Contents

CHAPTER - I: Introduction3

CHAPTER - II: Literature Review4

Types Of Plea Bargaining5

Plea and Plea Bargaining History6

The Bargaining Process8

Arguments For And Against Plea Bargaining10

Advantages of Plea Bargaining10

Criticisms Of Plea Bargaining12

Proposals To Reform Or Abolish Plea Bargaining15

CHAPTER - III: Research Methodology16

Research design16

Data Collection Methods16

CHAPTER - IV: Anticipated Conclusion17

References18

Annotated Bibliography19

CHAPTER - I: Introduction

One of the most common yet controversial aspects of the U.S. criminal justice system is the process of plea bargaining. Plea bargaining is the process through which defendants plead guilty to a criminal charge with the expectation that they will receive some form of leniency from the state. The procedure implicates multiple constitutional issues, including a defendant's rights to due process of law, to a fair trial, to adequate assistance of counsel, and against self-incrimination. The media and popular culture are largely responsible for dramatizing and overemphasizing the role of the trial in the judicial system. In reality, very few criminal cases are filtered through the adversary process with full-blown trials. The criminal justice system is designed to screen out weak cases early in the process. In fact, almost 90 percent of criminal cases are resolved by plea bargaining.

Although it has received much attention in recent years, plea bargaining dates back more than a century. During the mid-nineteenth century, plea-bargained cases were commonplace, and by the 1920s the practice was an established feature of the judicial system. In federal courts, the massive number of liquor prosecutions stemming from prohibition led to the formal practice of plea bargaining during the 1920s.

CHAPTER - II: Literature Review

A review of the literature shows that a plea is a criminal defendant's formal answer in court to the charge contained in an indictment, complaint or information. A defendant generally has several choices. He or she may plead not guilty, guilty, no contest, or enter an Alford plea. A not guilty plea will result in the case being set for trial. The other three pleas will result in the court pronouncing a criminal sentence on the defendant. A no contest plea allows the defendant to not contest the charges but also not to admit guilt or innocence. The Alford plea is a slight variation on no contest. The defendant admits that the prosecutor has sufficient evidence to prove the elements of the alleged crime without conceding that he or she committed the crime. (Watson, 2010)

Most criminal cases do not go to trial. Instead, the prosecutor and the defendant engage in plea bargaining that results in a plea agreement. In this agreement, which is also referred to as a negotiated plea, the defendant pleads guilty in return for a concession or concessions from the prosecutor. The prosecutor may agree to let the defendant plead guilty to a lesser charge, dismiss other pending charges or make a recommendation to the court on a reduced sentence. Often the prosecutor agrees to a combination of these concessions. However, the plea agreement is not final until the sentencing court agrees to its terms and signs the ...