What is Plea Bargaining?

Dec 29, 2024

Plea bargaining is a criminal litigation concept that allows the defendant and the prosecution to enter an agreement where the former pleads guilty to an offense (usually criminal) with lesser punishment to secure dismissal of charges or reduced sentencing. Because it is a form of out-of-court settlement, plea bargaining is often encouraged to ease the burden of the trial court, speeding up court proceedings and securing convictions. However, several legal thinkers have questioned the ethical standing of plea bargaining. Some have argued that plea bargaining is a clog in the wheel of justice as it tends to prey on the desperation of the defendant.

A significant number of criminal cases in the United States often involve plea bargaining whether in the form of explicit or implicit plea bargains. Similarly, studies have shown that individuals who plead guilty are more likely to receive lenient sentences compared to those who push the matter to trial. Explicit plea bargains often involve formal agreements promising leniency. On the other hand, implicit plea bargains do not involve formal contracts, and they also do not guarantee leniency.

Three major types of plea bargaining seek to achieve sentence reduction. They are charge, count, and sentence bargaining. Charge bargaining requires the defendant to plead guilty to attract reduced charges. For instance, a defendant might plead guilty to manslaughter instead of attempted murder.

Count bargaining is a type of plea bargaining that allows the defendant, who has several charges against them, to plead guilty to some of the counts in exchange for the charges on other counts being dropped. The charges might be unidentical for count bargaining to apply to a defendant. With sentence bargaining, the defendant is assured that they will receive a lighter sentence if they plead guilty to an offense. For instance, the defendant might plead guilty to armed robbery in order not to secure the maximum punishment or sentencing for that offense.

Plea bargaining has been noted to have its benefits. Prosecutors often push that defendants accept a plea bargain deal because it poses no risk of complete loss for both the prosecution and the plaintiff if the matter eventually goes to trial. For instance, when the prosecution does not have concrete evidence against the defendant, they might push the defendant to accept a plea deal to establish an outcome that benefits both parties.

Also, plea bargaining serves as an alternative for prosecutors to avoid trials. Most trial courts in the United States are stretched and overworked, and plea bargaining offers courts the opportunity to decongest, reducing the time spent on deciding a matter and lowering the number of court cases. Further, some believe that plea bargaining is important because it spares the defendant the emotional toll of trial while expediting justice.

Many people express dissatisfaction with plea bargains because they believe they spare criminals the proper punishment for their actions. Others contend that innocent defendants occasionally accept plea deals out of confusion about the legal system and a lack of knowledge about their options. Several governments have tried outlawing the practice in response to these objections. Alaska and El Paso, Texas, have the most well-known bans on plea bargaining in the United States.