Plea Bargaining
Many criminal cases are often resolved out of court through agreement between the aggrieved party and the offender. The process of achieving such a settlement is referred to as Plea Bargain in law. It is a practice that is used in many jurisdictions to resolve cases. Either of the sides in the case may initiate the Plea bargain process. Both sides have to agree before such a process succeeds (How Courts Work | Public Education). The Plea-Bargaining process involves pleading guilty by a defendant to a lesser charge. It may also involve pleading guilty to only one or all of the charges leveled; with the prosecuting attorney pleading for or recommending leniency in the sentences. It should be noted that the judge is not bound by the recommendation for leniency by the prosecution. Some plea bargains are approved by courts while others are not.
Sentence Bargaining and Charge Bargaining
In sentence bargaining, the defendant pleads guilty to the charges after both sides agree on the type of sentence recommended by the prosecution. If, for instance, defendant named Jerry agrees to plead guilty to a misdemeanor charge of resisting arrest, and the prosecution agrees to recommend that the defendant be sentenced to a jail term, it constitutes Sentence Bargaining. On the other hand, in Charge bargaining,...
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now