Plea bargain

A plea bargain is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant. The defendant agrees to plead guilty or no contest (and often allocute) in exchange for some concession from the prosecutor. This concession can include reducing the original charge or charges, dismissing some of the charges against the defendant or limiting the punishment a court can impose on the defendant. Generally, a plea bargain allows the parties to agree on the outcome and settle the pending charge. In colloquial terms this is known as "copping a plea".

Pros and cons of plea bargaining

The reasons for plea bargaining by either side may be several. In most cases, the plea bargain

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is to avoid the uncertainty of the jury trial, and minimize the risk of undesirable results for either side. Prosecutors generally have wide discretion regarding the charges they may bring, and therefore tend to charge the defendant with the most extreme charges that are applicable to the situation at hand. Thus in a plea bargain, the defendant is left to choose between the certainty of accepting sentencing for a much less serious charge, or the uncertainty of a jury trial in which the defendant might be found not guilty, but which also carries the risk of being found guilty of the original, more serious charges.

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In other cases, a defendant may be culpable in one criminal matter, but have information that would help in prosecuting a broader or more significant matter. In such a case, prosecutors may agree to reduced charges or sentencing in the first matter, in exchange for the defendant's cooperation (e.g. testimony) in prosecuting the larger matter.

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In still other cases, prosecutors may be certain of the guilt of the defendant in a matter, but the evidence may not be enough to convince a jury of the defendant's guilt. It is of benefit to both the prosecutor and the defendant to arrange a plea bargain — this avoids the chance that the defendant could be found not guilty (which is unfavorable to the prosecutor) or be found guilty of serious charges (which is unfavorable to the defendant).

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Plea bargaining also allows prosecutors to settle cases without forcing a victim to endure a lengthy court process or having to testify in a jury trial.

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Plea bargaining also helps courts and prosecutors manage caseloads. In the United States, defendants have a right to a speedy trial under both the Sixth Amendment to the United States Constitution as well as by statute. The meaning of "speedy" is not fixed in terms of a specified amount of time but is determined according to the circumstances. However, if the speedy trial is not held, the case is dismissed and the defendant cannot again be charged with the crime. (See: Double Jeopardy) By plea bargaining, prosecutors can reduce the number of cases set for trial so that cases do not get dismissed.

Related Topics:
United States - Speedy trial - Sixth Amendment to the United States Constitution - Statute - Double Jeopardy - Trial

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Thus it has been argued that the American criminal justice system would simply cease to function without plea bargaining, and that it forms a framework wherein the accused and his accusers can reach an agreement which settles the case once and for all, in what is hoped will be a spirit of fairness.

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Critics of the system point out that the plea bargain system puts strong pressure on defendants to plead to crimes that they know that they did not commit, and that the outcome of a plea bargain may depend strongly on the negotiating skills and personal demeanor of the defense lawyer, which puts persons who can afford good lawyers at an advantage.

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Furthermore, the system encourages prosecutors to overcharge at the start of a case which leads to caseload pressures or unusually severe penalties; e.g., Lionel Tate. Finally, many jurists, especially in civil law nations, find the notion of plea bargaining contrary to the purpose of the law in which a specific action should be associated with a specific penalty. The introduction of a version of plea bargaining was highly controversial in France, see below.

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