Plea bargaining is often considered a controversial aspect of the law, with the public court of opinion and the official court arguing about the fairness of allowing an individual to enter a plea bargain. Here is everything you need to know about plea bargains.
What is a plea bargain?
Simply put, a plea bargain is an agreement between the prosecutor and defendant that states that if the defendant agrees to the charges put forth by the prosecutor, the defendant’s sentence will be lessened.
Who is Involved in the Decision-Making for a Plea Argument?
Prosecutors and Judges
Prosecutors and defendants are always involved in a plea argument. In some cases, however, the judge may also be involved during the plea-bargaining process. Judges involved in some jurisdictions will be allowed to decide with the prosecution what sentence the defendant will receive if they plead guilty in accordance with the plea bargain. When it comes to federal judges, they may not be involved with predetermined sentencing; they are not required to follow the prosecution’s plea bargain negotiation.
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Victims
Mostly because of victim rights groups, victims are also allowed to have a say in the plea bargaining process. This is becoming more and more common as of late. Oftentimes, the victim is less sympathetic to the defendant, however, this is not always the case. Victims’ inputs can go both ways in the plea bargain process.
What are the Advantages and Disadvantages of Entering a Plea Bargain?
Advantages
Oftentimes, when a prosecutor puts forth a plea bargain, and the defendant accepts it, it is often because the prosecution has strong evidence against the defendant.
Some of the advantages that may occur after an individual takes a plea bargain are:
- The amount of time the trial will go through. The whole trial process includes everything from a preliminary hearing to a jury selection to sentencing, and even appeals after. If an individual accepts a plea bargain, the court process is much shorter.
- The charges for the crime may also be less if an individual accepts plea-bargain.
- Oftentimes, the benefit of the plea-bargain is a lighter sentence for the defendant versus the sentence of a conviction after trial.
Disadvantages
At first glance, a plea bargain may look like an excellent deal when considering the worst sentence a guilty charge could bring after trial.
Some examples of disadvantages of taking a plea bargain are:
- Since a plea bargain is not always gone through the judge’s channels, there is no binding document requiring the judge to give the same sentence that the prosecutor and defendant agreed on.
- Oftentimes, innocent people may lie in court because they feel the prosecution‘s evidence against them will overwhelmingly defeat them in the trial and hand them a heavier conviction, so they settle for a lighter conviction now.
- Since the case does not go to trial, it is not decided on by a jury, therefore calling into question the fairness of a plea bargain,
- To go through the plea bargain, the defendant must plead guilty to all or at least some of the charges. This will leave them with a criminal charge. If they had made it to trial, however, and pleaded not guilty, then there is a chance that the charges could have been dropped.
Plea Arguments that Go Beyond Declaring Guilty
Sometimes, declaring not guilty is just the minimum for a plea bargain to go through. For example, if the defendant is involved in another criminal business, they may be required to testify against another individual. This allows the prosecution of that case to build a stronger case. In return, the prosecutor gives the defendant a lesser sentence for their willingness to testify against another individual.
Related: What to Expect if Charged With a Felony
What Happens if a Plea Argument is Violated?
When an individual goes through with a plea bargain, they end up waiving rights that are usually protected by the Fifth and Sixth Amendments.
These rights include:
- Right to a jury
- Right against self-incrimination
- Right to confront a witnesses
Oftentimes, individuals will end up forfeiting these three rights and can go through to the end of their plea bargaining process. However, if by chance they decide to confront a witness or go back on their word and decide to plead not guilty, then the plea agreement will be dropped, and the case will go to court.
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