Plea Bargain
Definition
An agreement between prosecution and defence in which the defendant pleads guilty, typically in exchange for a reduced charge, a sentencing concession, or the withdrawal of some counts. Plea bargaining resolves most cases in common-law jurisdictions without a contested trial.
- Parties
- Prosecution and defence
- Typical trade
- Guilty plea for reduced charge or sentencing concession
- Case volume
- Resolves most cases in common-law jurisdictions without trial
- Effect on charges
- May include withdrawal of some counts
Common questions
How does a plea bargain affect the forensic evidence in a case?+
Once a plea is accepted the case typically does not proceed to a contested trial, so forensic evidence collected for the case may never be presented or cross-examined in open court even though it informed the charging and negotiation decisions.
Why do prosecutors sometimes prefer a plea bargain even in cases with strong forensic evidence?+
A guaranteed conviction on agreed terms avoids the cost, delay, and uncertainty of a trial, and can spare witnesses and victims from testifying, which prosecutors may weigh against the strength of the available evidence when deciding whether to negotiate.
Related terms
- Case Attrition
- The cumulative reduction in the number of criminal matters as they pass from offence committed through reporting, recording, charging, and trial to...
- Courtroom Workgroup
- The informal cooperative relationship among judges, prosecutors, and defence lawyers who regularly interact in the same court. First described by James Eisenstein...
- Evidential Test
- The threshold question that asks whether there is sufficient admissible evidence to give a realistic or reasonable prospect of conviction. It is...
- Nolle Prosequi
- A formal decision by the prosecution to discontinue proceedings against a defendant, often recorded as an entry in the court record. It...
- Prosecutorial Discretion
- The power of a public prosecutor to decide whether to charge a suspect, what charges to bring, and on what terms to...