Plea Bargaining
Plea Bargaining
Alicia Aaron
CJA/224
May 26, 2013
Donald Gregory
Plea Bargaining
Most cases are resolved through plea bargains. This is resulting from negotiations between the prosecutor and defense attorney. Plea bargains can be made at any stage of the criminal justice process. Plea bargains can be either a charge bargains or sentence bargains. There are advantages and disadvantages with plea bargains. With plea bargains, it can reflect the due process and crime control of the criminal justices.
Plea bargain is an argument between the prosecutor and the defendant to plead guilty to a crime to receive a lesser charge or sentence rather than going to trial and getting a harsher sentence or charge. These bargains are another way for the prosecutor to have the defendant to testify against other defendants on other cases as well as the trail they are in. Plea bargains are another way to help reduce cases from going to trial. Usually please bargains are between the council and the defense attorney but the judge can have a factor in it depending on the jurisdiction. They can work with the judge for a predetermined sentence. If the prosecutor goes back on the agreement, the defendant can ask the judge for relief. The judge may use different tactics to go about this such as withdrawal of the agreement or have the prosecutor go through the agreement there are distinct types of plea bargain. Charge bargaining is the most common and used plea. Charge bargaining involve negotiating charges that would be filed. This plea bargain will be to lesser charges and the higher charges will be dismissed. Sentencing bargaining involves pleading guilty to the state charges and not to a reduced charge so that the agreement is for a lighter sentence. There is also a lesser used plea bargain called fact bargaining. This bargaining uses certain facts in return to not use other facts in the case that would cause a different verdict. The plea bargain has to follow through with these
Alicia Aaron
CJA/224
May 26, 2013
Donald Gregory
Plea Bargaining
Most cases are resolved through plea bargains. This is resulting from negotiations between the prosecutor and defense attorney. Plea bargains can be made at any stage of the criminal justice process. Plea bargains can be either a charge bargains or sentence bargains. There are advantages and disadvantages with plea bargains. With plea bargains, it can reflect the due process and crime control of the criminal justices.
Plea bargain is an argument between the prosecutor and the defendant to plead guilty to a crime to receive a lesser charge or sentence rather than going to trial and getting a harsher sentence or charge. These bargains are another way for the prosecutor to have the defendant to testify against other defendants on other cases as well as the trail they are in. Plea bargains are another way to help reduce cases from going to trial. Usually please bargains are between the council and the defense attorney but the judge can have a factor in it depending on the jurisdiction. They can work with the judge for a predetermined sentence. If the prosecutor goes back on the agreement, the defendant can ask the judge for relief. The judge may use different tactics to go about this such as withdrawal of the agreement or have the prosecutor go through the agreement there are distinct types of plea bargain. Charge bargaining is the most common and used plea. Charge bargaining involve negotiating charges that would be filed. This plea bargain will be to lesser charges and the higher charges will be dismissed. Sentencing bargaining involves pleading guilty to the state charges and not to a reduced charge so that the agreement is for a lighter sentence. There is also a lesser used plea bargain called fact bargaining. This bargaining uses certain facts in return to not use other facts in the case that would cause a different verdict. The plea bargain has to follow through with these