Plea Bargaining: Definition, Types, Pros and Cons

This article explains the concept of plea bargaining, its types - charge bargaining, sentence bargaining, count bargaining and fact bargaining. It also discusses the reasons why prosecutors, police and victims may support or oppose plea bargaining. The article also highlights the importance of trial and lists the pros and cons of plea bargaining for defendants.

Running Head: Plea Bargaining
Plea Bargaining
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Plea Bargaining
Table of Contents
Plea Bargaining.....................................................................................................................................2
Charge Bargaining.................................................................................................................................2
Sentence Bargaining..............................................................................................................................2
Prosecutors Reasons for Plea Bargain...................................................................................................2
Police’s Perspective...............................................................................................................................2
Victim’s Perspective..............................................................................................................................3
Alternatives to Plea Bargain..................................................................................................................3
Importance of Trial................................................................................................................................3
Pros for Defendant.................................................................................................................................4
Cons for Defendant................................................................................................................................4
Bibliography..........................................................................................................................................5
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Plea Bargaining
Plea Bargaining
When a person who is accused for a crime and he knows that he is about to receive sentence for the
crime which he had done. Plea bargaining is a kind of agreement between the defense and the
prosecution in criminal case. Plea bargaining is the process in which the defendant party has the
option to plead guilty with a lesser charge or lesser sentence (The Basics of a Plea Bargain, 2019).
Charge Bargaining
Charge bargaining involves a bargain of the criminal charges against defendant during the trial. In
charge bargaining the defendant pleads guilty of the lesser charge or charges. If it is accepted then the
prosecutor will dismiss the higher charge or charges (Plea Bargaining: Areas of Negotiation, 2019).
For example- A person is charged with theft but he is pleading guilty of trespassing. The prosecution
will dismiss burglary charges.
Sentence Bargaining
Sentence Bargaining is the process in which the accused person pleads guilty for the lighter sentence
of the stated charges. It will give defendant the lighter sentence rather than the actual sentence. It is
the discretion of the judge whether he will accept it or not (Alschuler, 1979).
For example- An accused person is charged with the offence of second-degree murder. He can please
guilty giving him punishment for 7 years instead of the prescribed sentence for the said offence.
Prosecutors Reasons for Plea Bargain
The main reason for the prosecutor go for the plea bargaining and not for the trial is making their case
strong against the co-defendants when they are not pleading guilty and the main accused is pleading
guilty. Another reason for the prosecutors accepting plea-bargaining is that it will save the time of the
court and justice will be served faster. The courts are already overcrowded and plea-bargaining only
helps with the effective management of the judicial system (Viano, 2019). In trial, the witness may
become hostile and can put the case of the defendant into the risk.
Police’s Perspective
The police who do investigation in the case will be in favour of plea-bargaining because the decision
is for their benefit. They help to in solving the case quickly. The justice is served fast. The police
officer who is investigating wants that the person who is accused should be punished. In the
prosecution case, the court might ask for proper witness and evidences. Plea bargaining makes make
sure that the accused person is punished. The police officer who is investigating the defendant might
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Plea Bargaining
oppose the plea-bargaining because he does not want that the crimes done by defendant which should
not be punished. If the person has committed the crime then he should get punishment for those
crimes. He do not want that the accused person let go away without getting punished. In some cases,
the process of investigation if life threatening so they put their life at risk to get the evidences against
the defendant. Therefore, they do not want their hardship going in vain.
Victim’s Perspective
Victim might be in favour of plea-bargaining because the process of plea bargaining is not expensive
as compared to trial. The trial is long process in which time is consumed as well as money is wasted.
The victim want the justice should be done as soon as possible and through plea-bargaining it can be
done. Another reason for victim to support plea-bargaining is that the accused person will go into
prison and it will be good for the society that one criminal is less from the society (Welling, 1987).
Victim sometime oppose plea-bargaining because accused plead guilty for plea bargaining for the
serious and heinous offences he has committed and he will not get the punishment he deserves for the
offence. The justice will not be served to him. For example- a person is guilty of second-degree
murder but he plea bargains for manslaughter. He will get punishment for manslaughter and it for the
second-degree murder. After coming out of prison, he might be threat to the victim.
Alternatives to Plea Bargain
Apart from the lesser penalty, the defendant is having the option of choosing charge bargaining in
which the defendant can plead guilty of lesser charges than the offence he committed. Another
alternative is count bargaining in which defendant has option to plead guilty to one or few offences
out of original offences which are charged against him. For example- A person is prosecuted of
robbery, trespassing and assault. Both the parties agree that the defendant will plead guilty of
trespassing so the charges of robbery and assault will be dropped. In another option, the defendant
can plead guilty and ask for favourable sentence and this is known as sentence bargaining. It will be
the discretion of the judge and will ask the defendant if he want to give sentence less severe than
prescribed or ask him to withdraw guilty plea. The fact bargaining will provide opportunity of to
agree on some of the facts and prosecution need not to prove extra facts which might increase the
chances of getting more severe punishment (Guilty Plea: Plea Bargaining).
Importance of Trial
When the defendant pleads guilty for plea-bargaining then the court will not take the process of trial.
The trial process includes investigation, production of witness and evidences. If the court accepts the
plea-bargaining then there is no need for investigation because the defendant has already accepted his
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crime. The judgment should only be given after the thorough investigation and proper witnesses and
evidences in the case. It is the base of fair justice.
Pros for Defendant
 It is beneficial for defendant because the trial could have reveal evidences which could have
added more severe charges,
 The jury could have find him guilty of the offence,
 He will escape the harsh punishment for the same offence (Ayres, 11 Advantages and
Disadvantages of Plea Bargaining, 2019)
Cons for Defendant
 The defendant might be innocent but he will be found guilty and charged according to it,
 He will be denied of free and fair trial.
 There is no other option for him so he will opt for plea bargaining,
 Harm to his reputation (Ayres, 2019)
Bibliography
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Plea Bargaining
Alschuler, A. (1979). Plea Bargaining and Its History. University of Chicago Law School: Chicago
Unbound.
Ayres, C. (2019). 11 Advantages and Disadvantages of Plea Bargaining. Retrieved from Vittana:
https://vittana.org/11-advantages-and-disadvantages-of-plea-bargaining
Ayres, C. (2019). 15 Serious Advantages and Disadvantages of Plea Bargaining. Retrieved from
Connect US: https://connectusfund.org/15-serious-advantages-and-disadvantages-of-plea-
bargaining
Guilty Plea: Plea Bargaining. (n.d.). Retrieved from Law Jrank:
https://law.jrank.org/pages/1283/Guilty-Plea-Plea-Bargaining-Definition-types-
bargaining.html
Plea Bargaining: Areas of Negotiation. (2019). Retrieved from Find Law:
https://criminal.findlaw.com/criminal-procedure/plea-bargaining-areas-of-negotiation.html
The Basics of a Plea Bargain. (2019). Retrieved from Nolo: https://www.nolo.com/legal-
encyclopedia/the-basics-plea-bargain.html
Viano, E. C. (2019). Plea Bargaining in the United States: A Perversion Of Justice. Cairn
International Edition, 109-145.
Welling, S. N. (1987). Victim Participation in Plea Bargains. Washington University Law Review.
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