Plea Bargaining Research Paper

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Plea bargaining Name Institutional affiliation Plea bargaining involves an agreement between the defense and the prosecutor where each party makes a compromise. The prosecution forfeits the right to take the case to a full trial in exchange for a conviction against the defendant. The defendant agrees to plead guilty and waives his right to a trial in exchange for a lesser sentence or a favorable treatment by the prosecution. In a plea bargain the prosecution will allow the defendant to plead guilty to a lesser crime or will drop some of the charges facing the defendant. The prosecution will give a lesser sentence than what the defendant would get in a full trial. A plea bargain, in essence, ends the criminal case prior to trial.…show more content…
Charge bargaining involves negotiating the particular charges that are brought against the defendant. In such a case, the defendant will dismiss other charges or higher charges. Sentence bargaining involves the agreement by the defendant to plead guilty to the charges in return for a reduced sentence. This process saves the prosecution the need to prove its case in trial and provides the defendant with a reduced sentence. Fact bargaining, on the other hand, involves the admission of some facts by the defendant, which eliminates the need for the prosecutor to prove these facts. In exchange the defendant is assured that some facts will not be included as well as getting a reduced sentence. In order for the plea bargain to be valid it should have three basic components. These components are that the defendant must knowingly waive the right to a trial. The waiver must be voluntary and the facts that result in the guilty bargain by the defendant must also be…show more content…
Some view the process of plea bargaining to be inappropriate as it enables defendants to get off easily. Additionally, the process is viewed by some to be coercive and undermines constitutional rights. Plea bargains require the defendants to waive some of their constitutional rights. The rights that are waived in the process of plea bargaining are protected under the fifth and sixth amendments. These rights are the right to a jury trial, the right to confront a hostile witness and the right against self-incrimination. Despite these claims the Supreme Court has ruled that plea bargains are not unconstitutional. However, the courts have emphasized that the defendants must voluntarily agree to plea bargain and they may only plead guilty if they know the consequences of their
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