In some jurisdictions , prosecutors and defendants can work with judges to predetermine what sentence the defendants will get if the defendants accept plea bargains. Similarly, federal judges may not be directly involved in plea bargain negotiations. Although plea bargaining allows the criminal justice system to conserve resources, the plea bargains are controversial.
Some commentators oppose plea bargains, as they feel that plea bargains allow defendants to shirk responsibility for the crimes they have committed. Others argue that plea bargains are too coercive and undermine important constitutional rights. Plea bargaining does require defendants to waive three rights protected by the Fifth and Sixth Amendments : the right to a jury trial , the right against self-incrimination , and the right to confront witnesses.
The Supreme Court , however, in numerous cases such as Brady v. United States , U. McCarthy v. Many victims are dissatisfied when defendants are allowed to enter plea bargains, feeling that the harms they suffered were disregarded and the defendants got off too easily.
As a result of the efforts of victims' rights groups, laws in many states now allow victims to have a say in the plea bargaining process. Michigan, for example, requires prosecutors to consult with victims before entering into plea bargains. In other states, victims have a legal right to come to court and address a judge personally before the judge decides whether to accept a plea bargain.
Still a third possibility for victims in many states is to consult with the probation officer before the officer prepares the presentence reports that often influence a judge's sentencing decision. Finally, prosecutors may use plea bargains to circumvent laws they either don't agree with or that are very unpopular. Berman, J. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Moving cases along, and making sure that there's room in the jails and prisons for truly bad actors, are two reasons why plea bargaining is part of the system. Overcrowded Jails and Prisons Because jails are overcrowded, judges may face the prospect of having to let convicted people housed in the same facilities as those awaiting trial out before they complete their sentences.
Overcrowding in California The overcrowding issues extend to prisons, too. Talk to a Lawyer Start here to find criminal defense lawyers near you. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Legal Information. Criminal Law Information. Proof and Defenses in Criminal Cases. Getting a Lawyer for your Criminal Case. Steps in a Criminal Defense Case. Arraignment: Your First Court Appearance. Plea Bargains in a Criminal Case.
Legal Elements of Common Crimes. Offering a generous plea bargain can allow them to mitigate the impact of those laws. Last reviewed October Criminal Law Contents. Legal Reasons to Accept a Plea Bargain While many defendants can get out of custody by posting bail or obtaining a release on their own recognizance, some defendants will not be granted bail or will not be able to afford the bail amount. Criminal Law. Aggravating and Mitigating Factors in Criminal Sentencing.
Restitution for Crime Victims. Reasons to Accept a Plea Bargain. Withdrawing a Guilty Plea in a Criminal Case. Ineffective Assistance of Counsel in Plea Bargaining. How Judges Review Plea Bargains. Finalizing a Plea Bargain. Receiving Immunity for Testimony in a Criminal Case. Classification of Criminal Offenses. Alcohol Crimes. Parole and Probation. Expungement and Sealing of Criminal Records.
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