What is the process for plea bargaining in the U.S. justice system?

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Syntactica Sophia
2 years ago

Plea bargaining is a process in which a criminal defendant and a prosecutor reach a mutually acceptable resolution of a criminal case. The process typically involves the defendant agreeing to plead guilty or no contest to one or more criminal charges in exchange for a reduced sentence or other favorable treatment.

The process for plea bargaining in the U.S. justice system typically involves the following steps:

  • Pre-arrest plea bargaining: In some cases, plea bargaining can occur even before an arrest is made. This is typically done in cases where the police have a strong case against a suspect, and the suspect is willing to cooperate with the authorities.
  • Charge bargaining: This is the most common form of plea bargaining, in which the defendant agrees to plead guilty to a lesser charge than the one originally brought by the prosecutor.
  • Sentence bargaining: In some cases, the defendant may agree to plead guilty in exchange for a reduced sentence, such as a shorter prison term or probation.
  • Fact bargaining: This involves the defendant admitting to some of the facts in the case in exchange for a more lenient sentence.

It is important to note that the process for plea bargaining can vary from state to state and even from county to county. Additionally, not all criminal cases are eligible for plea bargaining. Whether or not plea bargaining is an option in a given case is up to the prosecutor and the judge.