What are the pros and cons of the plea deal?
Asked by: Peggie Trantow | Last update: March 25, 2025Score: 4.2/5 (45 votes)
Pros of plea bargains include saving time, getting a reduced sentence, and gaining certainty. Cons of plea bargains include pleading guilty even if innocent, letting law enforcement off the hook for a poor investigation, and having a criminal record.
What are some pros and cons of plea bargains?
Those who believe in the use of plea bargains would argue that it is an alternative route to justice that allows defendants to seek lesser sentences. Those who do not approve believe that plea bargains are an abuse of power that only serves to benefit the criminal court system without regard for the accused.
Who benefits from a plea deal?
Prosecutors benefit from plea bargains because the deals allow them to improve their conviction rates. Some prosecutors also use plea bargains as a way to encourage defendants to testify against codefendants or other accused criminals.
What are the negative consequences of allowing plea agreements?
The process may result in waivers by defendants of their constitutional rights, unequal representation by counsel, the threat of unequal sentencing, and the possibility that guilty pleas will be entered by innocent defendants.
What happens when you agree to a plea deal?
In the event that some form of the deal is accepted, the judge will hear the plea in open court and sentence the defendant. This may happen at a special hearing if the defendant is in custody, but otherwise the plea probably will go on the record at the next scheduled hearing.
Plea Bargaining in America: An Overview & Conversation [POLICYbrief]
Is a plea deal better than trial?
Nobody knows for sure what to expect from a trial, and a defendant could get a result from a jury that is worse than what a prosecutor offers. Usually, a plea bargain involves getting a lesser charge on a defendant's criminal record and receiving a more lenient penalty.
How long do I have to accept a plea bargain?
Most plea offers come with an established expiration date, typically set within a few months of the offer's issuance. Once the original plea offer expires, the prosecutor can choose to either extend the same offer or present a new plea deal with potentially less favorable terms.
Why do judges like plea bargaining?
Plea bargains can reduce court backlogs, ease financial strains on prosecutor's offices, and free up jail and prison space. Plea bargains hold many advantages for actors in the criminal legal system, not just defendants. Prosecutors and judges stand to gain as well.
Is the first plea deal the worst?
Usually, it is not in the defendant's best interest to accept the first plea offer. Before agreeing to any plea agreement, a defendant should understand: If they will receive a lesser penalty than what could be expected from trial. What the sentence is and when they will be eligible for probation or parole.
What is usually an advantage to a defendant of taking a plea bargain?
For defendants, the advantages of plea bargaining can be significant. By negotiating a deal, they may receive reduced charges or a lighter sentence than if they were to proceed to trial and be found guilty. This can mean the difference between a felony and a misdemeanor conviction, or prison time versus probation.
What are the odds of getting a plea bargain?
In the United States, approximately 90% of criminal cases are settled by a plea bargain. Plea bargains are offered in most California cases; however, it is entirely up to the defendant whether or not to accept it. Every defendant has the right to a fair trial.
Who decides whether a plea bargain will be offered?
The judge has the authority to accept or reject a plea bargain. They will consider the nature of the charges and the defendant's criminal history, if any, as well as the circumstances surrounding the case.
Do victims have to agree to plea deals?
Not only do victims have the right to offer written input into whether a plea bargaining agreement is proper, but also prosecutors must make a reasonable effort to provide them the opportunity to comment on the agreement terms.
What is the biggest problem with plea bargains?
Uncertainty and Plea Bargaining. The major, distinct problem caused by plea bargaining that Professor Bellin identifies is uncertainty—namely, the inability of a defendant to assess whether the plea agreement being offered is better or worse than the likely outcome at trial.
Who benefits from plea bargaining?
Prosecutors benefit from plea bargains because they have far more cases than can possibly be tried. Crowded court calendars mean that the prosecutor's staff is overworked. Because plea bargains are much quicker and require less work than trials, they're easier on the prosecutor's budget.
Is signing a plea deal snitching?
Not every plea agreement involves the defendant being an informant.
Why should you never take a plea bargain?
Critics argue that plea bargains can result in innocent people pleading guilty to avoid the risk of a harsher sentence at trial. There are also concerns about the consistency and fairness of plea deals, as well as the potential for prosecutorial overreach.
What is one disadvantage of plea bargain?
One of the disadvantages of plea bargaining is that it opens the possibility for innocent people to plead guilty to an inaccurate charge. They may see a plea deal as the safer path to avoid the risk of a trial. Some defendants enter a plea of "no contest" to accept a plea bargain without admitting guilt.
Can you negotiate a plea deal?
A plea agreement is a negotiated guilty plea in a criminal case. The prosecutor and defense attorney can negotiate a plea deal, but it is up to the defendant to accept or reject the deal. A plea deal can get a lower sentence, fewer charges, or a lesser charge.
What happens if a judge rejects a plea deal?
If a judge rejects a plea, the agreement you and the prosecutor have made becomes null and void. If a judge rejects your plea agreement, you are generally entitled to a continuance. However, the rejection of the plea itself is not appealable to a higher court.
Does pleading guilty reduce your sentence?
You may be able to enter into a favorable plea agreement with the prosecutor if you agree to plead guilty. They may drop the charges to a less serious offense or agree to reduce your sentence. This can be extremely beneficial, especially if you face a jail or prison sentence.
Do you go to jail right away if you plead guilty?
In most cases, you will not be taken directly to jail. Instead you will be given a period of time in which to complete your commitment. Jail alternatives such as electronic home detention and community service are commonly imposed instead of jail if you do not have criminal history.
What does a defendant lose by taking a plea bargain?
Plea bargaining does require defendants to waive three rights protected by the Fifth and Sixth Amendments : the right to a jury trial , the right against self-incrimination , and the right to confront witnesses . The Supreme Court , however, in numerous cases (such as Brady v.
Can you change your mind on a plea bargain?
You cannot withdraw from the plea deal because you change your mind. However, as noted, there are a few situations when they might be reversed or nullified. The defendant, prosecutor, or judge can initiate the process of reversing the plea bargain.
Why do people accept plea deals instead of going to court?
Some argue that the plea bargaining process is more cost efficient than having all cases go to trial.