Plea

Plea Barging

Christopher Brown

CJA/224

Plea Barging

According to "Dictionary" (2014), plea barging can be defined as “An agreement that permits a defendant to plead guilty to a lesser charge instead of pleading not guilty to a more serious one.” Plea bargaining is frequently assumed by a prosecutor to acquire important evidence from a defendant or to elude a long and expensive trial ("Dictionary", 2014). In criminal procedure, a compromise between the defendant and his attorney on one side and the prosecutor on the other, in which the defendant approves to plead "guilty" or "no contest" to some crimes, in return for decrease of the cruelty of the charges, dismissal of some of the charges, the prosecutor's willingness to recommend a particular sentence, or some other benefit to the defendant ("Legal Dictionary", n.d).

Distinguish between charge bargaining and sentence bargaining

There are three major justifications for plea bargains which are charge, sentence and fact barging. First there is charge bargaining, which the most common form of plea is bargaining ("Findlaw", n.d.). According to "Findlaw" (n.d.), “The defendant agrees to plead guilty to a lesser charge provided that greater charges will be dismissed.” The second barging is termed sentence bargaining. The sentence barging is far less mutual and more strongly controlled; sentence bargaining is when a defendant decides to plead guilty to the identified charge in reoccurrence for a lighter sentence ("Findlaw", n.d.). Lastly is the fact barging, this barging is the slightest mutual form of plea bargaining, and it happens when a defendant agrees to specify to specific details in order to avoid other details from being announced into evidence("Findlaw", n.d.).

Compare and contrast the advantages and disadvantages of plea bargaining

The advantage of plea barging is the lesser jail sentences. When taking a plea barging an individual may receive lesser jail sentenced if he or she is looking a...