Plea Negotiation

Plea negotiations began as a way for both prosecutors and defendants to come to a rational agreement before trial, but after formal charges have been presented. There are many perspectives in regards to the efficacy of plea agreements, all stemming from the canon of the individuals involved.
When looking at plea bargains from the perspective of the prosecutor, one must remember that not only probable cause shall be met for formal charges, but that the prosecutor must also have a reasonable belief in the certainty of a conviction prior to formally charging a defendant. With this in mind, the common practice of prosecutors overcharging defendants as a bargaining chip for plea negotiation is unethical, yet not illegal. According to categorical
According to the sixth Amendment to the constitution, no citizen shall be denied their right to a speedy resolution of criminal charges. It can also be argued that the nature of negotiation during plea bargaining fulfills the requirements of the due process clause of the fourteenth amendment. Plea bargains must be accepted by an impartial judge which ensures that the procedures involved are constitutional and do not unfairly limit an individual’s liberty in an agreed upon sentence. If a judge decides that a plea negotiation is unacceptable under the constitution, they have the full authority to overrule the agreement (Colorado Rule
The prosecutor represents the general public in regards to both ensuring justice is administered and ensuring that the procedures of law are honored by all parties. At times these duties act as adversaries with no regard for the difficult position of humanity in prosecution. Accused individuals are affected by plea negotiations due to the uncertainty or opportunity the process provides. If I feel guilty should I accept the plea regardless of the actual charge I’m pleading guilty to? Do I take the opportunity of a lesser charge and a shorter sentence, or risk a trial where I’m unsure of the outcome? Lastly, victims and families of victims are affected by plea bargains. A plea bargain can reduce the confidence that the victim has in the system if the defendant is given a lesser charge, in exchange for what seems like the inconsequential acceptance of guilt. It is not common practice to disclose the terms or reasoning of a plea agreement to the general public. This secrecy breeds an unease in society that can undermine the realistic and necessary function of plea negotiations.
Due to prosecutorial discretion, prosecutorial immunity, and Supreme Court Precedent, policy changes directed at plea negotiations would likely require presidential action. However, similarly to current ethical codes presented by the American Bar Association, a code could be created that would provide criteria for the public to