Plea Bargaining Research Paper

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Plea-bargaining, used in ninety percent of criminal convictions in the United States criminal justice system today is the exchange of prosecutorial and legal concessions for pleas of guilty. Generally, a defendant in a criminal trial will enter “one of three pleas: guilty, not guilty, or nolo contendere.” Nolo contendere, otherwise known as no contest has the same effect as a guilty plea, which means the defendant is convicted and accepts punishment but does not admit guilt (lawyers.com). But in the plea-bargaining process, which aims to avoid trial because of costs and time, a defendant and his or her defense attorney may negotiate with the prosecutor for one of four different bargains. In the first type of deal, the prosecutor may reduce …show more content…

Although the process is largely informal and lacks judicial input, the judge must approve the plea agreements. If the judge accepts the deal, the events to follow will go as stated, but if the judge denies an agreement then the defendant will be moved to a criminal trial proceeding. The reason behind the judge’s sole power in plea negotiations, according to the ABA a leading national legal organization is because judicial participation creates the impression in the mind of the defendant that they cannot receive a fair trial, lessens the ability of the judge to make an objective determination of the voluntary nature of the plea, and it may induce innocent defendants to plead guilty because they are afraid to reject the disposition desired by the judge. Also included in this decision making process is the prosecutor, the lawyer representing the state, who formulates and ultimately offers the deal to the defendant to receive a guilty plea in return. On the other side of the deal is the defense counsel who is expected to play an advisory role for the defendant to ensure he or she is fully aware of the nature of the plea bargain process and the guilty plea. The defense is not allowed to deceive his or her client into making a disadvantageous deal or fail to communicate all plea deals that were offered to the defendant. On occasion, the victim can …show more content…

After reviewing multiple plea bargain decisions and upholding the continuation of the negotiating process, the highest court of the land has provided six core rulings on the process beginning with the point that defendants are permitted to have defense counsel to protect from pressure and influence from the prosecutor. Next, the court has ruled that “pleas must be made voluntarily and without pressure”, yet prosecutors still threaten stiffer penalties to defendants if he or she is not accepting the plea at the current stage. The prosecutor and defense must keep their promised side of the deal even after guilt is admitted in court. In addition, the defendant’s due process rights are not violated when the prosecutor threatens to re-indict the accused on more serious charges and accepting a guilty plea from a person who claims their innocence is still considered a valid declaration of guilt. Finally, when accounts given by the defendant may be used against him or her at trial if the negotiations fail if the person admits to the crime during the bargaining process but later testifies that he or she did not commit the act and maintains innocence. These rulings are essentially mandatory guidelines for the process and help maintain the complexity of the controversial

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