Criminal Courts

Charge Bargaining occurs when the prosecutor agrees to reduce or drop certain charges against the defendant in exchange for them pleading guilty to a lesser offense that carries less severe penalties. This form of plea bargain is most common in cases involving multiple charges which are not necessarily related to each other; it allows both parties to come up with an overall resolution that may be beneficial for both sides. For example, if a defendant is charged with committing both robbery and assault but there is insufficient evidence for the latter charge then they might agree to plead guilty only on the robbery charge in exchange for a reduced sentence [1]. Sentence Bargaining involves negotiating how much time or what type of punishment should be given after pleading guilty instead of litigating over each individual charge. In this type of plea bargain , judges are usually limited by statutory guidelines while prosecutors have more flexibility; they can offer reduced sentences based on their understanding of mitigating circumstances (i.e., good behavior leading up to sentencing). Generally speaking , this form works best when there’s strong evidence against the defendant so they don’t want to risk going through trial [2]. Count Bargaining refers specifically to negotiation over multiple counts from separate crimes . For instance , rather than facing two separate trials where convictions could result in consecutive sentences , defendants can try and get all counts resolved at once by agreeing not just on one outcome but several . A key issue here is that these agreements will still need judicial approval [3] . Factual Bargaining means presenting false facts about an alleged crime in order for prosecutors or defense attorneys enter into an argument about its validity . Such arrangements are generally frowned upon because there’s question as whether any deal made under these terms would provide genuine justice [4] . Furthermore, such deals could potentially leave innocent people convicted wrongly due lack sufficient investigation into actual facts surrounding case[5]. In conclusion, while plea bargains offer many advantages such as faster resolution times and cost savings compared with full trials , it’s important that all parties involved adhere strictly ethical principles throughout process ; otherwise results could serious implications across larger society.[6] References: 1) Finkelman M(2007), Plea Bargains: Negotiations towards Justice Cambridge University Press 2) State v Zuniga 123 P 3d 787 CA Ct App 2005 3)Hirschel D & Butt B(2002), Principles Of Criminal Law Carolina Academic Press 4) United States v Gordon 428 F Supp 2d 521 DC Dist Col 2006 5) Williams S & Stretesky P (2006), The American Criminal Justice System Oxford University Press 6) Caughfield-Brown K et al.(2017),Ethics In Criminology And Criminal Justice Research An International Perspective Taylor&Fance

Sample Solution

Plea bargaining is an important component of the contemporary criminal justice system, allowing prosecutors and defense attorneys to negotiate a plea agreement without going through a trial. This can often lead to quicker resolutions and more efficient court systems but also has some potential drawbacks such as the possibility of defendants being pressured into accepting an unfair deal. Plea bargains typically include one or more of four types: charge bargaining, sentence bargaining, count bargaining, and factual bargaining.