This lesson introduces plea bargaining, its basic exchange, and the main forms an agreement can take. Understanding these foundations makes it easier to evaluate both the benefits and controversies discussed later.
A plea bargain, also called a plea agreement or plea deal, is an arrangement in a criminal case in which a defendant agrees to plead guilty or, where permitted, no contest in exchange for concessions from the prosecutor. Concessions may include reducing the seriousness of a charge, dismissing other charges, or recommending a more lenient sentence.
All flashcards
What is a plea bargain?
A criminal-case arrangement in which a defendant pleads guilty or, where allowed, no contest in return for prosecutorial concessions.
What is charge bargaining?
The defendant pleads guilty to a less serious offense in exchange for a change to the charges.
What is count bargaining?
The defendant pleads guilty to some, but not all, charged counts, often with other counts dropped.
What is sentence bargaining?
The parties negotiate a sentence or recommendation in return for a plea; local law determines whether it binds the court.
What is the trial penalty?
The potentially harsher outcome a defendant may face after trial than under an offered plea.
Quiz questions
Under a U.S. federal Rule 11(c)(1)(B) agreement, what is the status of the prosecutor's sentence recommendation?Answer: It is advisory, and the court is not bound by it.
In England and Wales, who determines the sentence following a guilty plea?Answer: The judge or magistrates determine the sentence.
In some civil-law systems, what does a defendant's confession mean for the prosecution's case?Answer: It does not necessarily remove the prosecution's duty to present its case.
What does the term 'trial penalty' describe in debates about plea bargaining?Answer: A potentially harsher outcome after trial than the outcome offered for a plea.
What is an agency problem in plea-bargain negotiations?Answer: A representative's incentives may not fully align with the interests of the person or public represented.
Based on the Wikipedia article Plea bargain, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.