Plea Bargains

Plea Bargains: A Complicated But Common Part of the Criminal Justice System

Plea bargains—you’ve definitely heard of them before. They’re a huge part of how our criminal justice system actually works on a day-to-day basis. But even though plea bargains are super common, a lot of people don’t really understand how they work or why they’re used so often.

So in this article, we’re going to break down everything you need to know about plea bargains: what they are, how they work, why they’re used, the pros and cons, etc. My goal is to give you a solid understanding of this complicated but extremely common aspect of our legal system.

What is a Plea Bargain?

A plea bargain is an agreement between the prosecution and the defense where the defendant pleads guilty to a criminal charge, often a lesser charge than what they were originally charged with.

In exchange for that guilty plea, the prosecution offers some kind of concession or benefit for the defendant. This usually means a more lenient sentence, but it can also mean dropping additional charges against the defendant.

Here’s a quick example to illustrate:

Let’s say someone is charged with armed robbery, which carries a maximum sentence of 20 years in prison. Through plea bargaining, the prosecution might offer to let the defendant plead guilty to simple robbery, which only carries a 5 year maximum sentence.

So the defendant avoids the risk of a 20 year sentence by pleading guilty to a lesser charge with a lighter sentence. And the prosecution secures a conviction without having to go through a lengthy trial. It’s a “bargain” for both sides.

Plea bargains resolve the vast majority of criminal cases in the U.S.—around 90-95% according to estimates. So they’re an absolutely central part of how our legal system functions.

The Main Forms of Plea Bargains

There are a few main “flavors” of plea bargains:

• Charge bargaining – The prosecution agrees to drop or reduce the charges against the defendant in exchange for a guilty plea. This is probably the most common type.
• Sentence bargaining – The defendant pleads guilty as charged, but the prosecution agrees to recommend a lighter sentence.
• Fact bargaining – The defendant plees guilty, but the prosecution agrees to stipulate certain facts that are favorable to the defense.

Charge bargaining is definitely the most advantageous for defendants, since it can drastically reduce their maximum sentence exposure. But sentence and fact bargaining allow the prosecution to still obtain a conviction on the original charges.

Prosecutors generally have wide discretion to determine what kind of plea bargain is offered in any given case. The judge does have to approve the final deal though.

Why Are Plea Bargains Used so Often?

With plea bargains resolving over 90% of cases, you might be wondering why they’re used so ubiquitously. There’s a few big reasons:

• Efficiency – Criminal trials are time consuming and expensive for the courts. Plea bargains allow cases to get resolved much quicker.
• Risk avoidance – Defendants avoid the risk of losing at trial and getting a harsher sentence. The prosecution also guarantees a conviction.
• Caseload pressures – Public defenders and prosecutors handle a ton of cases. Plea bargains help them manage overwhelming caseloads.
• Weak evidence – If the evidence is weak, the prosecution may offer a great deal to avoid losing at trial.

So essentially, plea bargains provide benefits for both sides in the vast majority of criminal cases. Trials are risky, expensive, and time consuming – so plea bargains offer an efficient path to resolution.

That’s why something like 95% of convictions at the state level and 97% of convictions at the federal level happen through plea bargains. They’ve become the norm.

The Pros and Cons of Plea Bargaining

Like most aspects of the legal system, plea bargaining has both advantages and disadvantages:

Pros:

• More efficient and faster resolution of cases
• Defendants get lighter sentences
• Defendants avoid the risk and expense of trial
• Prosecution gets a guaranteed conviction
• Allows prosecutors and public defenders to manage overwhelming caseloads

Cons:

• Defendants plead guilty without getting their “day in court”
• Innocent defendants may plead guilty out of fear
• Gives prosecutors too much power and discretion
• Disparities in plea bargaining can exacerbate racial biases and socioeconomic inequality

So in many ways, plea bargains are a pragmatic response to the realities of our overburdened criminal justice system. But critics argue they come at a real cost to due process and fairness.

Reform advocates have called for more transparency and oversight around prosecutors’ plea bargaining practices. But plea bargains aren’t going away anytime soon – they’re simply too entrenched in how the system operates.

How Plea Bargaining Works Step-By-Step

If you want to understand exactly how plea bargains work, here’s a quick step-by-step overview:

1. Prosecution charges the defendant with a crime
2. Defense can seek a plea bargain to get charges dropped/reduced
3. Prosecution makes an offer, starting the plea negotiation
4. Defense can accept the offer, make a counteroffer, or reject it
5. Negotiation continues until a deal is struck or rejected
6. If a deal is reached, it’s presented to the judge for approval
7. Defendant pleads guilty under the terms of the plea bargain
8. Judge sentences the defendant based on the plea bargain

So in a nutshell, the prosecution makes an offer, the defense negotiates, and a deal is struck if both sides find it acceptable. This all happens before the case would normally go to trial.

The judge does have to approve the plea bargain at the end, but they rarely overrule agreements struck between the prosecution and defense.

Strategic Considerations in Plea Bargaining

There’s definitely strategy involved for both prosecutors and defense attorneys when it comes to plea bargaining. Here’s some of the key considerations:

• Strength of evidence – The stronger the evidence, the less incentive for prosecutors to offer a lenient deal. Weak evidence gives the defense leverage.
• Defendant’s criminal history – First-time offenders often get better deals. Defendants with long rap sheets have less bargaining power.
• Mandatory minimum sentences – These limit prosecutors’ flexibility in plea offers. Charges without mandatory minimums give more room to negotiate.
• Public opinion – Politically sensitive cases lead prosecutors to take harder negotiating stances.
• Caseload pressures – Heavy caseloads incentivize both sides to resolve cases through plea bargains.
• Collateral consequences – Immigration or employment impacts may motivate defendants to bargain.
• Trial risks – Both sides have an incentive to avoid the uncertainties of trial.

So in essence, plea bargaining involves each side weighing their alternatives to a negotiated plea deal based on the unique circumstances of the case and the defendant.

Controversies Around Plea Bargaining

While plea bargaining is accepted as a standard part of the system today, it hasn’t been without controversies over the years. Here’s some of the main criticisms:

• Coercion of innocent defendants – Critics argue the threat of harsh sentences coerces even innocent defendants into pleading guilty.
• Lack of transparency – Plea negotiations happen behind closed doors, so abuses of power can go unchecked.
• Disparate treatment – Research shows racial minorities and low-income defendants often get less favorable plea deals.
• Net-widening – Prosecutors can threaten excessive charges just to use them as plea bargaining leverage.
• Brady violations – Failure to disclose exculpatory evidence during plea negotiations is an ongoing issue.

Reform advocates have pushed back against these issues by trying to increase oversight, transparency, and accountability around prosecutors’ plea bargaining practices. But progress has been slow.

The Bottom Line on Plea Bargaining

At the end of the day, plea bargaining is a complicated beast. It’s an imperfect solution to an overburdened system, but also fundamental to how justice is administered in America today.

This quick overview just scratches the surface of this complex topic. But hopefully it provided some useful context on how plea bargains operate and why they’re so ubiquitous, along with an unbiased look at the pros and cons.

It’s an area of our legal system that’s always evolving. But make no mistake – plea bargaining isn’t going anywhere. For better or worse, it’s deeply embedded in how our criminal justice process functions in practice.