Why are plea bargains important to the criminal justice system?
These agreements allow prosecutors to focus their time and resources on other cases, and reduce the number of trials that judges need to oversee. In plea bargains, prosecutors usually agree to reduce a defendant’s punishment. Some plea bargains require defendants to do more than simply plead guilty.
What is an example of plea bargaining?
The defendant pleads to a crime that’s less serious than the original charge, or than the most serious of the charges. Example: The prosecution charges Andrew with burglary, but he pleads guilty to trespassing and the prosecution dismisses the burglary charge.
What factors does a judge consider when determining sentencing?
When deciding on a sentence, the judge or magistrate will consider things like:
- your age.
- the seriousness of the crime.
- if you have a criminal record.
- if you pleaded guilty or not guilty.
What is the purpose of plea bargaining?
A plea bargain is an agreement between a defendant and a prosecutor, in which the defendant agrees to plead guilty or “no contest” (nolo contendere) in exchange for an agreement by the prosecutor to drop one or more charges, reduce a charge to a less serious offense, or recommend to the judge a specific sentence …
How do you get the best plea deal?
Consider a plea deal offered by the prosecution.
- Be realistic. If your case is weak, don’t expect a dismissal or a great plea deal.
- Be flexible. If the prosecutor offers a plea deal that isn’t as good as you had hoped for.
- Don’t give in too quickly. Plea bargaining is a negotiation.
- Propose alternatives.
Should I take the first plea bargain?
“Never take the first plea offer” is a myth that is often repeated by inmates talking at the jail. Maybe you should go to trial and hope that an acceptable plea offer is made before the jury is sworn. Or, maybe there are no acceptable plea offers and your case needs to go to trial if it is not dismissed.
Does plea bargaining serve justice?
Plea bargaining allows criminal justice personnel to individualize punishments and make them less severe. Plea bargaining saves the prosecution, the courts, and the defendant the costs of going to trial.