Plea Bargaining Paper

Melody Kibbe

Professor Jennifer Martin

CJA/224

University of Phoenix

December 15, 2013

Today in modern times, plea bargaining has become the primary procedure through which we dispose of the vast proportion of cases of serious crime. We then think about how our common law procedure function could, for so many centuries be without a practice that is today so prevalent and seemingly so indispensable in the criminal court systems. With a better understanding to the definition of what plea bargaining is, the distinguishment between charge bargaining and sentence bargaining, the comparison and contrast, the advantages and disadvantages of plea bargaining, and describing how plea bargaining reflects or thwarts the crime control and due process models of the criminal justice system. This information will give a better understanding as to how each work together, to make the process run smoother in the court system.

Plea Bargaining

Plea bargain also known as plea agreement, plea deal or copping a plea is an agreement in a criminal case between the prosecutor and defendant where the defendant agrees to plead guilty to a particular charge in return for some reduction from the prosecutor. This may mean that the defendant will plead guilty to a less serious charge or to one of several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence. A plea bargain allows both parties to avoid a lengthy criminal trial and may allow criminal defendants to avoid the risk of conviction at trial on a more serious charge. For example, a criminal defendant charged with a felony theft charge, the conviction of which would require imprisonment in state prison, may be offered the opportunity to plead guilty to a misdemeanor theft charge, which may not carry jail time.

In cases such as an automobile collision when there is a potential for civil...