Business, Legal & Accounting Glossary
A negotiation between the defense and prosecution (and sometimes the judge) that settles a criminal case. The defendant typically pleads guilty to a lesser crime (or fewer charges) than originally charged, in exchange for a guaranteed sentence that is shorter than what the defendant could face if convicted at trial. The prosecution gets the certainty of a conviction and a known sentence; the defendant avoids the risk of a higher sentence; and the judge gets to move on to other cases.
n. in criminal procedure, a negotiation between the defendant and his attorney on one side and the prosecutor on the other, in which the defendant agrees to plead “guilty” or “no contest” to some crimes, in return for reduction of the severity of the charges, dismissal of some of the charges, the prosecutor’s willingness to recommend a particular sentence or some other benefit to the defendant. Sometimes one element of the bargain is that the defendant reveal information such as location of stolen goods, names of others participating in the crime or admission of other crimes (such as a string of burglaries). The judge must agree to the result of the plea bargain before accepting the plea. If he does not, then the bargain is cancelled. Reasons for the bargain include a desire to cut down on the number of trials, danger to the defendant of a long term in prison if convicted after trial and the ability to get information on criminal activity from the defendant. There are three dangers: a) an innocent defendant may be pressured into a confession and plea out of fear of a severe penalty if convicted; b) particularly vicious criminals will get lenient treatment and be back “on the street” in a short time; c) results in unequal treatment. Public antipathy to plea bargaining has led to some state statutes prohibiting the practice, but informal discussions can get around the ban.
A plea bargain is offered to a defendant by the prosecutor as an incentive to get the defendant to plead guilty or no contest. Plea bargaining allows the prosecutor to obtain a plea in cases that might otherwise go to trial.
There are two types of plea bargains: charge bargains and a sentence bargain. If the defendant makes a charge bargain and they are an alleged murderer they may be able to plea bargain their charge down to manslaughter. The second type of plea bargain is a sentence bargain which allows for the maximum charge but the lowest possible penalty for that charge. These agreements are monitored by the courts and generally are offered for a testimony against another perpetrator.
Plea bargains allow our justice system to avoid getting overloaded, although critics of the current plea bargaining system argue they allow criminals to avoid serving their full sentences while allowing other alleged criminals, who may have been found not guilty if they had taken their criminal case to trial, to end up serving a sentence. If you have committed a crime and offered a plea bargain you should talk to your criminal lawyer before accepting any type of plea.
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This glossary post was last updated: 30th April, 2020 | 0 Views.