plea bargaining


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plea bargaining,

negotiation in which a defendant agrees to plead guilty to a criminal charge in exchange for concessions by the prosecutor (representing the state). The defendant waives the right to trial, losing any chance for acquittal, but usually avoids conviction on a more serious charge. The state, on the other hand, is not required to go through a long, costly trial. Issues negotiated in plea bargaining include a reduction of the charge, a specific recommendation for sentence, or agreement by the prosecutor not to oppose a request for probation. In the United States, vast majority of criminal cases at the state and federal levels are settled by plea bargains; less than 10% of federal felony cases, for example, go to trial. In 2012 the U.S. Supreme Court ruled that defendants have a constitutional right to competent legal advice with respect to a plea bargain.
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17) If the criminal justice system and plea bargaining is viewed as an administrative system of justice, then it becomes necessary to put in place administrative-style safeguards.
of their concerns, plea bargaining has become entrenched in the criminal
discretion, fairness, and leverage in the plea bargaining process.
17) There is also the exoteric acknowledgement that plea bargaining is the mainstay of criminal adjudications, a chief product of American justice.
From a defendant's perspective, plea bargaining extorts guilty pleas.
Just as it fails to track the likely consequences of trial, plea bargaining may also do a poor job of aligning criminal consequences with actual guilt.
Successful offender reentry needs to begin at the plea bargaining stage, when the offender faces a sentence.
But one need not be a pure retributivist to be troubled by the apparently tenuous relationship that exists between plea bargaining and ensuring that citizens receive the sentences that those among them who have committed crimes deserve.
In Plea Bargaining's Triumph: A History of Plea Bargaining in America, George Fisher offers an impressively researched and fascinating account of how plea bargaining was transformed over the course of the nineteenth century from a "tiny beachhead" of little general importance to "the dominant force in criminal procedure" (p.
It seems to me that the conditions under which President George Bush and Dick Cheney have agreed to appear before the 9-11 Commission sound an awful lot like the kind of plea bargaining a guilty person would engage in.
Teal and his lawyer, Don Diment of Eugene, had been engaged in plea bargaining talks with the Lane County district attorney's office in recent months.