Plea Bargain

Within the context of criminal law and procedure, plea bargain refers to the concept of negotiating a lesser charge or lesser sentence in exchange for a plea of guilty and some other promise or dutyon the part of the offender. Thus, the process is often referred to as plea bargaining.
Lynch (2011) More than 90 percent of convictions come from negotiated pleas, and this action helps move casesthrough the judicial process. Ingram (2005) although some states allow plea bargaining only during certain stages of the criminal process, others permit it at any time. For example, if a criminal trialresults in a hung jury, defense and prosecution may negotiate a plea rather than go through the time and expense of a new trial. Of course, settling the matter before it even gets to trial is thereal objective, as it saves attorneys fees, time, and court resources. The benefit for prosecution is that it is ensured a conviction, albeit for a lesser charge, but that is deemed better than goingthrough trial and losing (as did the prosecutors in the O.J. Simpson trial). Bargaining also helps prosecution with unresolved cases. By offering a lesser charge to a defendant, the prosecution canbargain for the defendant’s testimony against an accomplice, co-defendant, or third party.
The negative side of bargaining is that an innocent person may feel pressured to plead guilty to a lesser chargeout of fear of losing the case at trial. A judge will not enter a bargained plea without carefully querying the defendant to make sure that the plea is “knowing and intelligent.”Ingram (2005) statesthat judges need to remain aware that they occupy a neutral position in the criminal justice system and must not ally themselves with the prosecution, destroying judicial impartiality and justice, aswell (pg221). When a defendant pleads guilty certain rights go away that are in the United States constitution. When engaging in plea-bargaining, due process plays a role that minimum standards of...