Court Systems and Practices. 2 Copyright and Terms of Service Copyright © Texas Education Agency,...

Plea Bargaining

Court Systems and Practices

2

Copyright and Terms of Service

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FOR A DEFENDANT

◦ Avoid the time involved in defending self at a trial Months before a case goes to trail Length of a trial Resets

PURPOSES OF PLEA BARGAINING

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FOR A DEFENDANT (continued)

◦ Avoid the cost of defending self at a trial Attorney’s fees Court costs Expert witnesses


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◦ Risk a harsher punishment if it goes to trial Trial conviction punishments are more stringent Judges are harsher if defendants do not accept a

plea bargain agreement


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◦ Avoid publicity Newspapers Television


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FOR THE STATE

◦ Saves time Heavy caseloads Reduces time spent in trial

preparation


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FOR THE STATE (continued)

◦ Saves expense Investigation fees Expert testimony fees Scientific evidence costs


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FOR BOTH

◦ Reduces the uncertainty of going to trial Will NOT go to trial if both

agree to a plea bargain Less stress


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FOR BOTH (continued)

◦ Do not have to go to trial on every criminal case Gives parties flexibility Can decide which cases

are more deserving for trial


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Implicit Plea Bargaining An understanding between the defense and

prosecution that a guilty plea will be entered for a specific offense which carries a conventional punishment.

Usually somewhat less than what the maximum sentence could be.

TYPES OF PLEA BARGAINING

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Charge Reduction Bargaining An offer from the prosecutor to minimize the number

and seriousness of charges against defendants in exchange for their pleas of guilty to lesser charges.

Also known as “charge bargaining”


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Judicial Plea Bargaining Occurs when judges offer

sentences to defendants in open court in exchange for their guilty pleas.

Most frequently used in petty offenses


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Sentence Recommendation Bargaining Occurs when the prosecutor proposes a specific

sentence in exchange for the defendant’s guilty plea.

“Take-it-or-leave-it” proposal


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PROS◦ Reduces the uncertainties of

criminal trials If the defendant received a

conviction at trial, it is more difficult to predict what sentence would be imposed.

Processing time is much faster with a plea bargain

PROS & CONS OF PLEA BARGAINING

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PROS (continued)◦ Fewer trials and trial delays

Prosecutor does not have to convince a jury. Gives factual basis for the plea If there is insufficient evidence, the plea agreement

can be rejected.


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PROS (continued)◦ More convictions

90%+ come from plea bargains Negotiated guilty pleas


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PROS (continued)◦ Reduces the cost of a trial

Far less expensive than jury trials Subpoena costs Expert witness fees


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CONS◦ Self-incriminating nature

Defendants give up their constitutional right to a jury trial

Give up the right to cross-exam their accusers Relinquish the right against self-incrimination

◦ Loss of judicial control


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CONS (continued)◦ Circumventing habitual offender

status Chronic offenders with multiple

felony convictions can avoid mandatory punishments.

◦ Sentence reductions for serious offenders


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CONS (continued)◦ Gender bias

Women benefit more often◦ Racial discrimination

Minorities are discriminated against in plea bargaining


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Champion, Dean John, Hartley, Richard D. & Rabe, Gary A. Pearson Criminal Courts: Structure, Process, & Issues. (2nd edition) Prentice Hall, 2008.

Del Carmen, Rolando V. Criminal Procedure: Law and Practice. (8th edition) Wadsworth, 2010.

www.courts.wa.gov/education/lessons/?fa=education_lessons.display&displayid=Pleabarg

Do an Internet search for the following: Man accepts plea bargain in intoxicated manslaughter case

RESOURCES

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http://www.courts.wa.gov/education/lessons/?fa=education_lessons.display&displayid=Pleabarg

http://www.courts.wa.gov/education/lessons/?fa=education_lessons.display&displayid=Pleabarg

Court Systems and Practices. 2 Copyright and Terms of Service Copyright © Texas Education Agency,...

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