Plea Bargaining Paper

Plea Bargaining Paper

Plea Bargaining

The process in which criminal defendant and prosecutors, after being subjected to court approval reach a mutually agreed settlement in which the defendants accept a lesser charge so that criminal cases may be disposed.

Plea bargaining is helpful in solving criminal cases speedily without having to undergo a trial. When successful, a plea agreement is reached between the defendant and prosecutor. This agreement is aimed at making the defendant pleads guilty despite not being trialed with hopes that the prosecutor will make favorable or dispose the sentences to the court. Plea bargaining is legal and present in court rules (McConville & Mirsky, 2005).

Mostly, a judge is involved in the agreement and authorizes the plea when the defendant makes a voluntary and knowing waiver of his right to a trial. The defendant should also understand the consequences as well as the maximum period he may have to serve after pleading guilty. However, the court has the right to decline a plea even if the defendant pleads guilty but is not based on facts. One thing that distinguished a plea agreement from a trial is that although a judge may be present at the time of the plea agreement, he will not involve himself in the discussions.

Plea bargaining can be beneficial for both parties as well as the court since valuable court time can be saved. The shortening of the sentence can be considered a reward for the defendant for pleading guilty. However, this always results in convictions because it is mandatory for the defendant to plead guilty so that the plea bargain may be successfully implemented.

There are various forms of plea bargaining depending on the parties. Some may relate to a change in charges, sentence duration, or even both. The decision on which bargaining is selected is left with the defendant and the prosecutor with the court only serving as an observer but it has the right to reject any agreement.

Charge Bargaining and Sentence Bargaining

Charge bargaining is an agreement in which the defendant agrees to accept lesser charges against him on a condition that more serious charges would be dropped by the prosecutor. The advantage of such agreements is that the defendant gets a shorter sentence and the prosecutor will have the defendant punished. Every trial leads to one party winning and one losing. However, in order for both parties to mutually benefit, bargaining agreements are made so ...