Plea Bargaining Cja 224
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Plea Bargaining
Roslyn Mclaurin
CJA/224
5/7/12
Ross M. Kucera
Plea Bargaining
Define Plea Bargaining
Plea bargaining is defined as a process when a defendant and the prosecutor reach an understanding where the defendant will plead guilty of the crime that they was being charged with so they will be able to receive a lesser sentence or a lesser charge. Plea bargaining may dismiss the criminal case without it going to trail, if the plea is within a satisfactory disposition than the plea arrangement amongst the prosecutor and defendant will be successful. In this arrangement, the offender reaches a decision to plead guilty and this will than allow them not to go to trial, in reply to the agreement the prosecuting attorney decides to discharge some of the charges or they will set up a favorable prison term recommendations. Plea bargaining is specifically approved in rulings of the courts (Vogin, 2009).
Furthermore, usually a judge is the one that will approve any plea bargain if the defendant agrees to a voluntary relinquishment of them not wanting to take the case to trial. The defendant must understand what he or she are charged with and understand the sentencing that they could get after agreeing to plead guilty of the charges that they face. The defendant also has to make a confession within court of the actions that took place while the crime was being committed. “Even if a defendant agrees to plead guilty, a judge may decline to accept the guilty plea and plea agreement if the charge or charges have no factual basis” (Vogin, 2009).
Charge Bargaining
Moreover, when all parties are ready to go to the table for any plea bargains the prosecution will consider three areas of the negotiation to bring to the defendant and their attorney. One of the areas of negotiation includes charge bargaining, this is the common and usually recognized method of plea. It...
Roslyn Mclaurin
CJA/224
5/7/12
Ross M. Kucera
Plea Bargaining
Define Plea Bargaining
Plea bargaining is defined as a process when a defendant and the prosecutor reach an understanding where the defendant will plead guilty of the crime that they was being charged with so they will be able to receive a lesser sentence or a lesser charge. Plea bargaining may dismiss the criminal case without it going to trail, if the plea is within a satisfactory disposition than the plea arrangement amongst the prosecutor and defendant will be successful. In this arrangement, the offender reaches a decision to plead guilty and this will than allow them not to go to trial, in reply to the agreement the prosecuting attorney decides to discharge some of the charges or they will set up a favorable prison term recommendations. Plea bargaining is specifically approved in rulings of the courts (Vogin, 2009).
Furthermore, usually a judge is the one that will approve any plea bargain if the defendant agrees to a voluntary relinquishment of them not wanting to take the case to trial. The defendant must understand what he or she are charged with and understand the sentencing that they could get after agreeing to plead guilty of the charges that they face. The defendant also has to make a confession within court of the actions that took place while the crime was being committed. “Even if a defendant agrees to plead guilty, a judge may decline to accept the guilty plea and plea agreement if the charge or charges have no factual basis” (Vogin, 2009).
Charge Bargaining
Moreover, when all parties are ready to go to the table for any plea bargains the prosecution will consider three areas of the negotiation to bring to the defendant and their attorney. One of the areas of negotiation includes charge bargaining, this is the common and usually recognized method of plea. It...