Plea bargain

A plea bargain is a formal legal arrangement used in criminal law. It is also known as a plea agreement or a plea deal. In this process, a defendant agrees to plead guilty or "no contest" to a charge. In exchange, the prosecutor provides certain concessions. These concessions can change the outcome of a case significantly. A prosecutor might reduce the severity of the charges. They might also dismiss some charges entirely. Another common concession is a recommendation for a more lenient sentence.

There are several specific ways that plea bargaining functions. One method is called charge bargaining. This occurs when a defendant pleads guilty to a lesser offense than the original charge. Another type is sentence bargaining. In this version, the parties agree on the expected punishment before the guilty plea is entered. There is also count bargaining. This involves a defendant pleading guilty to only a specific subset of multiple charges. These mechanisms help the legal system move much faster.

Plea bargaining is a very common practice in the United States. It resolves the vast majority of criminal cases in that country. This practice has spread to other common law jurisdictions. These include the United Kingdom and Canada. However, the system looks different in civil law jurisdictions. In those legal systems, plea bargaining is often not permitted. If it is allowed, it is usually highly regulated. In many places, the judiciary holds the final authority. Judges can approve or reject deals to ensure they meet justice standards.

Proponents argue that plea bargaining is a voluntary and useful exchange. It allows both sides to avoid the time and expense of a trial. It also removes the uncertainty of a jury's decision. For a defendant, a guaranteed lighter sentence may be better than risking a harsh trial penalty. Prosecutors also benefit by securing convictions without using massive resources. Additionally, plea bargains protect victims and witnesses. They do not have to testify, which can sometimes be a traumatic experience.

However, the practice faces significant criticism regarding fairness and coercion. Some experts argue that the system can be manipulative. For example, John H. Langbein has compared the American system to medieval judicial torture. Critics worry that the "trial penalty" creates unfair pressure. This is the much harsher sentence a person faces if they lose at trial. A 2009 study by the European Association of Law and Economics found an interesting result. Innocent defendants often reject favorable pleas because they feel the process is unfair. This can lead to a "cost of innocence" where innocents fare worse than the guilty.

Research has attempted to show how real people react to these pressures. A 2013 study by Dervan and Edkins used a controlled situation involving academic fraud. They found that 90% of guilty subjects accepted the plea bargain. Surprisingly, 56% of innocent subjects also chose to plead guilty. These innocent individuals often wanted to avoid uncertainty or protect their future plans. Other factors, such as the inability to afford bail, can force innocent people to plead guilty. They may accept a deal just to avoid spending months in jail awaiting trial.

In Canada, plea bargaining is an accepted part of the criminal justice system. The Crown, which is the prosecutor, can recommend lighter sentences. They can also agree to withdraw certain charges. In serious cases, the Crown and the defense often make a "joint submission." This is a shared recommendation for a specific sentence. While Canadian judges are not strictly bound by these submissions, they often respect them. This helps maintain the ability of the Crown to offer meaningful incentives to defendants.

Finally, the goals of the people involved can sometimes conflict. This is known as an agency problem. A defense attorney might want to settle a case to increase profits or save time. A prosecutor might want to maintain a high conviction rate. These individual goals may not always align with the interests of the defendant or the public. Even the cost of justice is debated. Some argue that if a prosecutor has a low chance of winning, they might offer a tiny sentence. In other cases, they might simply drop the charge entirely instead of bargaining.