chapter 12- plea bargaining and guilty pleas

plea bargaining

when a defendant pleads guilty to a lesser charge for a lighter sentence

three plea options

guilty, not guilty, or nolo contendere (no contest)

guilty plea

defendant admits guilt; judge accepts and sets sentencing

not guilty plea

defendant denies guilt (spoken or silent); trial is scheduled

nolo contendere (no contest)

accepts punishment but doesn’t admit guilt; not usable in civil cases

role of prosecutor

negotiates charges and sentences; decides what plea offers to make

role of defense counsel

advises defendant on plea options and negotiates for best outcome

role of judge

role of judge ensures plea is voluntary, informed, and has factual basis

benefits of plea bargaining

saves time, money, and resources; reduces court backlog; lighter sentences for defendants

drawbacks of plea bargaining

waives trial rights; can lead to leniency for serious offenders or wrongful convictions

assembly-line lustice

court culture focused on speed and efficiency due to heavy caseloads

restrictions of plea bargaining

some courts set deadlines or ban plea deals for certain crimes

court’s role in plea bargains

may accept or reject a deal on fairness and public safety

prosecutor’s duty

must honor agreed terms once court accepts plea

defendant’s waived rights

right to trial, to remain silent, and often to appeal

valid guilty plea requirements

must be intelligent, voluntary and based on fact

intelligent plea

defendant understands the charge, sentence, and rights waived

voluntary plea

made freely without pressure, threats, or coercion