PROSECUTORIAL DISCRETION:
Plea Bargaining
By: Katie Cobb and
Summer Bailey
Prosecutorial discretion
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The use of prosecutorial discretion within the
court system allows the prosecutor the
freedom or authority to make judgments
based on the existing circumstances as he or
she perceives them.
One of the most used forms of prosecutorial
discretion is the plea bargaining.
Plea Bargaining
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Plea bargain gives the prosecutor the ability to
accept a guilty plea on a lesser charge than that was
originally brought.
<90% of all criminal cases are disposed of through
guilty pleas.
Although the use of plea bargaining has both a
positive and negative side, the courts have come to
accept guilty pleas and plea bargaining as part of the
criminal justice system.
Plea Agreement
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A plea agreement is usually reached after the prosecution and
defense discuss the issues at hand, where the prosecution
will normally offer possible solutions.
A reduction in charge
Dismissal of other pending charges
A promise to recommend or not contest a particular sentence.
A stipulation that a particular sentence is the appropriate
disposition.
The defendant decides whether to take the plea of guilty
based on given offers.
Types of Guilty Pleas
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There are two types of guilty pleas for a
defendant
Common plea of GUILTY
Plea of nolo contendere, which is the same
as guilty plea, except it cannot be used
against a defendant as an admission of guilt
in a subsequent civil case.
Defendant
Benefits of Plea Bargaining
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Lessens the time and money spent on
defendants defending themselves at trial
Lessens the risk of harsher punishment
Avoids the publicity that is sometime involved
with a public trial.
Court System
benefits of Plea Bargaining
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The system is already over burdened with
cases and if there were no plea bargains, the
courts would have to conduct a trial on every
crime that was charged.