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Courts, Criminal Trial, And Sentencing – Plea-Bargaining

Courts, Criminal Trial, and Sentencing – Plea-Bargaining
CJA303
Foundations of Criminal Justice
June 18, 2006


Courts, Criminal Trial, and Sentencing – Plea-Bargaining
Plea-bargaining has been a method used in the United States stemming back after the period of Declaring Independence. In this paper, the history behind plea-bargaining, pros and cons, as well as, recommendations will be discussed.
Method
Plea-bargaining
Being a citizen of the United States comes with advantages that no other country can match; however, we are expected to obey laws the U.S. Government has put in place to preserve order and balance. One practice that has been used during trial has no mention in the Bill of Rights, but has been held as constitutional is plea-bargaining.
History and definition
In the United States, recorded history shows the beginning of plea-bargaining after the Declaration of Independence era. In the 1800's, plea-bargaining was entering a guilty plea in exchange for a lesser sentence. Defining the court system by municipal and police courts to hold minor prosecutions as crimes increasingly grew (Rabe, 2002). A plea bargain can be defined as, a negotiation between the defendant and their attorney on one side and the prosecutor on the other.
Types of plea-bargaining
Charge bargain occurs when the prosecutor allows a defendant to plead guilty to a lesser charge, or to only some of the charges that have been filed against them. Sentence bargain occurs in high profile cases, where the prosecutor does not want to reduce the charges against the defendant.
Elements
A plea bargain may be negotiated after an arrest. However, plea bargains can be worked out almost any time - from after the arrest, before filing criminal charges, to the time a verdict is reached, even during trial itself (Nolo Law for All, 2004 ¹). One element of the bargain is the defendant reveal information such as location of stolen goods, names of others taking part in the...