Why would a defendant accept a plea bargain quizlet?

Ensures the defendant understands the charges and punishment. Ensures the defendant’s right to due process.

What are the benefits of a plea bargain?

The primary benefit of a plea bargain is reduced criminal charges, which result in a lighter sentence and a record that reflects less severe offenses. For example, you may be given a chance to plead guilty to a misdemeanor instead of a felony, or to a crime of a lesser degree or class.

What are the pros and cons of plea bargaining?

A successfully negotiated plea bargain will:

• Clear up the uncertainty in your case.
• Avoid publicity.
• Possibly result in fewer (or less serious) offenses on your record.
• Lessen the judge and prosecutor’s case load.
• Result in a less socially offensive charge on your record.
• Possibly get you out of jail.

What is a main reason that prosecutors use plea bargains in court cases quizlet?

As a result, a defendant must knowingly waive their constitutional rights before a plea of guilty is accepted. Prosecutors engage in plea bargaining because they want to gain convictions, defense attorneys seek leniency for their clients, and judges feel pressures to move cases.

Why do prosecutors offer plea bargains?

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. Judges also benefit from plea bargaining.

What is the argument against plea bargains?

Some commentators oppose plea bargains, as they feel that plea bargains allow defendants to shirk responsibility for the crimes they have committed. Others argue that plea bargains are too coercive and undermine important constitutional rights.

Why do judges engage in plea bargaining?

Plea bargaining is the primary apparatus through which judges, prosecutors, and defense attorneys cooperate and work together toward their individual and collective goals. The primary benefit of plea bargaining for both the prosecution and the defense is that there is no risk of complete loss at trial.

Why do so few cases go to trial?

It’s no secret that the overwhelming majority of criminal cases never reach trial. The prosecution may dismiss charges, perhaps because of a lack of evidence. Sometimes prosecutors decide not to refile charges after a felony defendant prevails at the preliminary hearing.

Do judges usually accept plea bargains?

In most criminal cases, the judge will normally agree with the plea bargain made between the prosecutor and defense lawyer. Rejection is usually reserved for instances where the judge considers the defendant is being treated too nicely. They’ll almost never suggest the prosecution is being too harsh on the defendant.

How does plea bargaining benefit the prosecutor?

In a plea bargain, a criminal defendant agrees to plead guilty or no contest in exchange for charges being dropped or diminished. As part of the plea bargain agreement, a prosecutor also may request a sentence acceptable to both sides. Plea bargaining serves as a common way to resolve criminal cases in California and throughout the United States.

Why do judges and prosecutors engage in plea bargaining?

Plea bargains serve a purpose for courts. Some reasons prosecutors offer them include: Reducing the number of cases going to court. Sometimes, it is easier for a prosecutor to offer a plea bargain than take a case to court. After all, the court system is already overcrowded. Judges will accept plea bargains to reduce the burden on the court too.

What happens if I accept a plea deal?

What Happens When You Accept A Plea Bargain? In the process of accepting a plea bargain, your attorney will work out the terms of the plea bargain with the prosecution. You will then have a hearing where you create a “verbal agreement” between you and the prosecution and waive your right to a jury trial.

What are the advantages to plea bargaining?

The Top 4 Advantages of Plea Bargaining. 1. Plea bargaining aids the State and Court to deal with case loads. In addition, plea bargaining decreases the work load of prosecutors by allowing them to get ready for more serious cases by leaving petty and effortless charges in order to settle through.