Some reasons prosecutors offer them include: Reducing the number of cases going to court. Sometimes, it is easier for a prosecutor to offer a plea bargain than take a case to court.
Full Answer
Under a plea bargain, the prosecutor can also propose certain sentences which are favorable to the defense. A plea bargain is seen as beneficial to both the prosecutor, the criminal justice system, and the defense. The primary advantage of a plea bargain is that there is no risk of complete loss of the case to both the prosecutor and the defense.
(b) Plea bargaining Where the prosecuting authority gave an undertaking not to prosecute or made a representation to that effect in exchange for a plea or full co-operation, the prosecution has to be kept to its bargain and cannot institute a new trial on the same facts. See National Director of Public Prosecution v Zuma 2009 (1) SACR 361 (SCA) at [ 39] . ...
Prosecutors are, of course, also concerned for their own calendars. Clogged calendars mean that the prosecutor's staff is overworked. Plea bargains lighten the staff's caseload. Because plea bargains are much quicker and require less work than trials, they are also easier on the prosecutor's budget.
Jan 19, 2017 · Finally, prosecutors may use plea bargains to circumvent laws they either don’t agree with or that are very unpopular. For instance, a prosecutor may disagree with laws prohibiting possession for personal use of small amounts of marijuana, so the prosecutor’s office may have an unwritten policy of giving all such offenders “offers they can’t refuse,” such as a …
These agreements allow prosecutors to focus their time and resources on other cases, and reduce the number of trials that judges need to oversee. In plea bargains, prosecutors usually agree to reduce a defendant's punishment.
Prosecutors engage in plea bargaining because they want to gain convictions, defense attorneys seek leniency for their clients, and judges feel pressures to move cases. Defendants and their lawyers will opt for a trial if they think the case factually presents a reasonable doubt or if the prison sentence will be high.
Plea bargaining is prevalent for practical reasons.Defendants can avoid the time and cost of defending themselves at trial, the risk of harsher punishment, and the publicity a trial could involve.The prosecution saves the time and expense of a lengthy trial.Both sides are spared the uncertainty of going to trial.More items...•Nov 28, 2021
A plea bargain is an agreement in a criminal case between the prosecutor and the accused. It typically involves the defendant pleading guilty to a lesser offense in exchange for a reduced sentence that has been agreed upon in advance.
According to FindLaw, the 3 types of plea bargains are charge bargaining, sentence bargaining and fact bargaining.Nov 13, 2020
or defendants, the primary benefit of a plea is a lenient sentence. Ultimately, they must decide whether to accept a plea or go to trial.
The most obvious benefit is the savings in time and expense to the parties, the court, and the public. In numerous cases the defendant may benefit from the plea bargaining process because he receives a lighter sentence for pleading guilty to a lesser offense.
Society at large also benefits from plea bargaining since plea bargains lessen court congestion and free up prosecutors to handle more cases. If every criminal case went to trial, the criminal justice system would move much more slowly, and it would have a serious effect on people's right to a speedy trial.May 17, 2021
Plea bargaining is the process of. negotiating an agreement among the defendant, the prosecutor, and the court as to an appropriate plea and associated sentence in a given case. Plea bargaining circumvents the. trial process and dramatically reduces the time required for the resolution of a criminal case.
Plea bargaining is a pre-trial negotiation between the accused and the prosecution where the accused agrees to plead guilty in exchange for certain concessions by the prosecution. It is a bargain wherein a defendant pleads responsible to a lesser fee and the prosecutors in go backdrop more serious charges.
Through plea bargaining, a prosecutor can avoid much of the hard work of preparing cases for trial and of trying them. In addition, prosecutors can use plea bargaining to create seemingly impressive conviction rates.
Plea bargains serve a purpose for courts. Some reasons prosecutors offer them include: Reducing the number of cases going to court. Sometimes, it is easier for a prosecutor to offer a plea bargain than take a case to court. After all, the court system is already overcrowded. Judges will accept plea bargains to reduce the burden on the court too.
Charge bargains are the most common type. In this case, the defendant pleads guilty to a lesser charge, and the prosecutor agrees to dismiss greater charges. For example, the defendant could agree to plead guilty to manslaughter instead of murder charges.
Sentence Bargains. A sentence bargain allows a defendant to plead guilty to the same charge, but receive a lighter sentence in return. These bargains must be approved by a judge, and the judge can deny the sentencing agreement.
Typically, you must plead guilty to receive a reduced sentence or reduced charges. Even if you agree to the plea bargain, it must be presented to a judge, and the judge does have the right to deny the plea bargain.
Protecting Sources, Courting Witnesses. Plea bargains also allow prosecutors to protect government informants. Many informants have criminal records. If a case were to go to trial and the informant were to testify, the defense in many cases could impeach the informant with his or her past criminal history.
Plea bargains also allow prosecutors to offer good deals to a defendant who could help them in another case. For instance, they can offer a deal to someone who, though guilty, is prepared to give testimony about a codefendant or help resolve some other unsolved case.
For judges, the primary incentive to accept plea bargains is to move along their crowded calendars. Most judges simply don't have time to try every case that comes through the door. Prosecutors face similar pressures. Several additional factors support plea bargaining.
For a prosecutor, the judge's concerns about clogged calendars are the prosecutor's concerns as well. When the judge is bogged down, the judge yells at prosecutors to move cases along quicker. To keep judges happy (and keep the machine rolling), prosecutors must keep cases moving. Prosecutors are, of course, also concerned for their own calendars.
Another benefit to the prosecution is an assured conviction. No matter how strong the evidence, no case is ever a slam dunk. The prosecution may wage a long, expensive, and valiant battle, and still lose the case.
Overcrowding in California. The overcrowding issues extend to prisons, too. Sentencing a defendant to county jail, or a shorter time in state prison, will ease the problem of not enough room in state prisons.
For judges, the primary incentive to accept plea bargains is to move along their crowded calendars. Most judges simply don’t have time to try every case that comes through the door. Prosecutors face similar pressures. Several additional factors support plea bargaining.
Plea bargains also allow prosecutors to protect government informants. Many informants have criminal records. If a case were to go to trial and the informant were to testify, the defense in many cases could impeach the informant with his or her past criminal history. But in the context of a plea bargain, the prosecution does not have to turn over an informant’s criminal history to the defense ( United States v. Ruiz, U.S. Sup. Ct. 2002).
When the judge is bogged down, the judge yells at prosecutors to move cases along quicker. To keep judges happy (and keep the machine rolling), prosecutors must keep cases moving.
Another benefit to the prosecution is an assured conviction. No matter how strong the evidence, no case is ever a slam dunk. The prosecution may wage a long, expensive, and valiant battle, and still lose the case.
The overcrowding issues extend to prisons, too. Sentencing a defendant to county jail, or a shorter time in state prison, will ease the problem of not enough room in state prisons. In California, whose prison system is under a federal court order to ease overcrowding, the governor has ordered prosecutors to “realign” the way they handle certain non-violent, non-serious, non-sex crimes. Responsibility for the custody, treatment, and supervision of these defendants has shifted from the state to the counties. As a result, there’s more space in the state prisons, but counties have more responsibilities, resulting in large pressures to plead cases to no-jail or low-jail sentences.
Because jails are overcrowded, judges may face the prospect of having to let convicted people (house d in the same facilities as those awaiting trial) out before they complete their sentences . Judges often reason that the quicker those offenders who are not likely to do much jail time anyway are “processed” out of jail (by plea bargains), the fewer problems with overcrowding, and the less frequently serious offenders will be let go before their full sentence has been served.
Finally, prosecutors may use plea bargains to circumvent laws they either don’t agree with or that are very unpopular. For instance, a prosecutor may disagree with laws prohibiting possession for personal use of small amounts of marijuana, so the prosecutor’s office may have an unwritten policy of giving all such offenders “offers they can’t refuse,” such as a $25 fine and ten hours of community service.
Usually, a plea bargain involves getting a lesser charge on a defendant’s criminal record and receiving a more lenient penalty. This can be attractive if the original charge carries substantial jail time and fines.
As mentioned above, the criminal justice system is greatly overburdened. Judges have full calendars and may be concerned that they cannot effectively try every case. Overcrowding issues in jails also concern many judges, who fear that a truly dangerous criminal may need to be released too early.
A criminal record can be an aggravating factor in sentencing for later offenses, so minimizing the number and severity of prior offenses can help a defendant avoid or reduce jail time down the road.
Even if a defendant believes that they did not commit the crime charged, they may feel inclined to consider a plea bargain offered by the prosecution. The long delays in the criminal justice system can mean that a case drags out for months, derailing a defendant’s life and adding to their expenses and stress.
A criminal record is public even if it results from a plea bargain, and a plea can be reported in the media, but the exposure is much less intense and protracted than the exposure from a trial. The details of a defendant’s private life are less likely to emerge. Sometimes a defendant may want to take a plea bargain to end a case quickly ...
A victim may not want to testify in open court and confront the perpetrator again. (On the other hand, some victims want to have this opportunity, and many states allow them to present their position to the prosecutor or the judge. However, victims do not make the ultimate decision about whether to offer a plea bargain or go to trial.)
Deportation is a potential consequence of a guilty plea, so non-citizen defendants may be able to agree to plead guilty to a charge with a lesser likelihood of deportation. A defendant should ask an attorney who understands immigration law as well as criminal law to evaluate the specific facts of their case.
Finally, prosecutors may use plea bargains to circumvent laws they don’t agree with.
Also, the outcome of any given trial is usually unpredictable–but a plea bargain provides both prosecution and defense with some control over the result. For these reasons and others, and despite its many critics, plea bargaining is very common. More than 90% of convictions come from negotiated pleas, which means that less than 10% ...
Pleading guilty or no contest in exchange for a reduction in the number of charges or the seriousness of the offenses looks a lot better on a defendant’s record than the convictions that might result following trial. This can be particularly important if the defendant is ever convicted in the future.
Trials can take days, weeks or sometimes months while guilty pleas can often be arranged in minutes. Also, the outcome of any given trial is usually unpredictable–but a plea bargain provides both prosecution ...
Even for people who are never rearrested, getting a charge reduced from a felony to a misdemeanor, or from a felony that constitutes a strike under a “three strikes” law to one that doesn’t, can prove to be a critical benefit. Some professional licenses must be forfeited upon conviction of a felony.
Felony convictions may be used in certain court proceedings (even civil cases) to discredit people who testify as witnesses. Felons can’t own or possess firearms. And in many jurisdictions, felons can’t vote. Having a Less Socially Stigmatizing Offense on One’s Record.
For example, a second conviction for driving under the influence (DUI) may carry mandatory jail time; whereas if the first DUI offense had been bargained down to reckless driving, there may be no jail time for the “second” DUI.
Plea bargains have become more important to defendants in recent years. Some defendants don’t want to risk the uncertainty of going to trial because his or her fate is then in the jury’s hands. If convicted, the defendant’s sentencing is in the hands of the trial judge. A plea bargain is a type of compromise with the prosecutor.
A plea bargain is a type of compromise with the prosecutor. Of course, the quality of the plea bargain often reflects your criminal defense lawyer’s efforts in cutting the deal. In this post, we discuss the pros and cons of plea bargains in greater detail.
Your trial could take a few days, weeks, or even months to conclude. Similarly, the prosecutor’s case load is heavy.
Even if you’re not famous, a criminal trial can perk up the ears of others with whom you work or play in the community. A criminal trial can bring added embarrassment to family members who shun the public eye. A plea bargain may be a matter of public record, but it’s short-lived news when compared to a trial.
A felony conviction means you can’t own a firearm. A felony conviction could mean loss of your right to vote. If you’re facing a “three strikes” law, it may be advantageous to reduce a felony charge. If you lose the trial, you might face more serious convictions in the aftermath.
There are important disadvantages to plea bargaining as well: Defendants are sometimes pressured into waiving the constitutional right to trial. In some cases, the defendant risks going to jail for a crime he or she didn’t commit.
Reduction a charge from a felony to a misdemeanor can help you in the future. If you’re convicted of a felony, a future employer might choose not to hire you. You could forfeit licenses or certifications if you’re convicted of a felony charge.