Many innocent people have accepted plea bargains to protect themselves from lengthy prison sentences. Sometimes simply hearing the words “not guilty” at the conclusion of a trial can provide an innocent defendant a sense of vindication and closure and help to restore his or her reputation in the community.
Prosecutors benefit from plea bargains because the deals allow them to improve their conviction rates. Some prosecutors also use plea bargains as a way to encourage defendants to testify against codefendants or other accused criminals.
The most common plea bargain is a charge bargain. Sentence bargaining is when the prosecution agrees to allow a defendant to plead to a lesser charge in return for dismissing more serious charges.
There are certain risks associated with pleading guilty. For example, innocent people may be subjected to criminal punishments, such as having to go to jail and pay fines for crimes that they did not commit. Furthermore, they will now have a criminal record that follows them for the rest of their life.
Plea bargaining has become common in the U.S. justice system because it saves the time and expense of a lengthy trial. With the amount of criminal cases the U.S. prosecutes at the state and federal level, without plea bargains, there simply would not be enough time for judges to oversee all of the cases.
The U.S. Justice Department has developed four types of plea agreements that can be negotiated: charge agreements, recommendation agreements, specific sentence agreements, and fact-stipulation agreements.
First Plea Deal is Seldom the Best
As the case proceeds, the State will take a closer look at the evidence. The closer the case gets to a trial, the more likely the State will consider further options when proving the case beyond a reasonable doubt in front of a jury.
A lesser charge, lighter sentence, and getting everything over with quickly are some of the benefits of negotiating a plea. For most defendants, the principal benefit to plea bargaining is receiving a lighter sentence for a less severe charge than might result from a conviction at trial.
Once the two sides reach an agreement, they will schedule a hearing at which they will present the proposed plea deal to the judge. The judge will decide whether to accept, modify, or reject the deal.
PROSECUTORS OFTEN WILL BARGAIN AFTER CONVICTION TO AVOID A POSSIBLE UNFAVORABLE DECISION ON APPEAL. AFTER CONVICTION, A MOTION FOR A NEW TRIAL IS GRANTED, A GUILTY PLEA IS ACCEPTED, AND A FAVORABLE SENTENCE IS IMPOSED AT THE SECOND TRIAL.
Before pleading guilty, the accused will generally try to negotiate their sentence with the prosecution. This is because it is possible to negotiate a less severe sentence than what might be imposed after a trial. The prosecution generally agrees to negotiate to make sure that the accused is punished for their actions.
When you really break it down, being a snitch is a form of plea bargain. The informant exchanges information for a potentially lower sentence. Prosecutors have a lot to consider when trying to build a case, and accomplice testimony isn't always considered a good choice.
Offers for plea bargaining must be initiated in writing by way of a formal written motion filed by the accused in court. The lesser offense which the accused proposes to plead guilty to must necessarily be included in the offense charged.
For these reasons and others, and despite its many critics, plea bargaining is very common. More than 90% of convictions come from negotiated pleas, which means less than 10% of criminal cases end up in trials.
The traditional image of a criminal trial has become all but obsolete in the American legal system. The overwhelming majority of criminal convictions (over 90 percent) result from plea bargains.
The most obvious benefit is the savings in time and expense to the parties, the court, and the public. In numerous cases the defendant may benefit from the plea bargaining process because he receives a lighter sentence for pleading guilty to a lesser offense.
The most serious concern with the plea-bargaining process relates to the possibility that an accused who is in fact innocent will be induced to plead guilty. While it is a requirement of law that an accused admit his guilt before a court accepts a plea, [18]other pressures may frustrate this principle.
Its effect is in civil cases where a victim may elect to sue the defendant for civil damages by not allowing the plea in the criminal case to be evidence of an admission of guilt to the underlying charge. About 90% of all criminal cases end in a plea agreement.
The judge has the authority to accept or reject a plea bargain. They will consider the nature of the charges and the defendant's criminal history, if any, as well as the circumstances surrounding the case.
It's no secret that the overwhelming majority of criminal cases never reach trial. The prosecution may dismiss charges, perhaps because of a lack of evidence. Sometimes prosecutors decide not to refile charges after a felony defendant prevails at the preliminary hearing.
Inadequate Proof of Guilt
The evidence must show that you are guilty of the offense for which you are being prosecuted. For this reason, your charges may be voluntarily dropped before trial if the prosecution determines there is inadequate evidence to proceed with a case against you.
Before accepting a plea of guilty or nolo contendere, the court must address the defendant personally in open court and determine that the plea is voluntary and did not result from force, threats, or promises (other than promises in a plea agreement). (3) Determining the Factual Basis for a Plea.