plea bargain

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plea bargain

n. in criminal procedure, a negotiation between the defendant and his attorney on one side and the prosecutor on the other, in which the defendant agrees to plead "guilty" or "no contest" to some crimes, in return for reduction of the severity 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. Sometimes one element of the bargain is that the defendant reveal information such as location of stolen goods, names of others participating in the crime, or admission of other crimes (such as a string of burglaries). The judge must agree to the result of the plea bargain before accepting the sentence. If he does not, then the bargain is cancelled. Reasons for the bargaining include a desire to cut down on the number of trials, danger to the defendant of a long term in prison if convicted after trial, and the ability to get information on criminal activity from the defendant. There are three dangers: a) an innocent defendant may be pressured into a confession and plea out of fear of a severe penalty if convicted; b) particularly vicious criminals will get lenient treatment and be back "on the street" in a short time; c) results in unequal treatment. Public antipathy to plea bargaining has led to some state statutes prohibiting the practice, but informal discussions can get around the ban. (See: plea, cop a plea)

References in periodicals archive ?
The schemes include, voluntarily return, plea-bargain, rescheduling of loan, recovery of Punjab Cooperative Board for Liquidation (PCBL) cases, and amount collected through fines.
560 million had recovered through plea-bargain and Rs.
Second, the quantitative data we have for the thirty-eight Tulia defendants is further complemented by rich, qualitative documentation of these innocents' plea-bargain decision-making processes.
During the continuation of the cases pretrial on March 10, lawyer Harry Roque, the Laude family lead counsel, said both prosecution and defense would need to go through a plea-bargain session before the trial proceeds.
The immediate result of the innocence effect for trial rates is the mirror view of its consequence for plea-bargain rates.
Not only does defendants' willingness to accept plea offers depend on their culpability, but the resulting plea-bargain and trial rates are affected as well.
(4) In the United States, however, almost all cases are plea-bargained, while custodial confessions are not routine, although their exact prevalence is unknown.
Courts and administrative agencies have struggled with whether to impose particular collateral consequences on convictions that were plea-bargained, precisely because the facts of the crime were not determined and cannot be determined easily.
Shorter plea-bargained sentences that result from a feasible reentry plan get offenders thinking about the connection between changing their lifestyles and freedom.