Plea bargaining is a procedural mechanism through which the prosecution and defense in a criminal proceeding can reach an agreement for the disposition of a case, subject to the approval of the court. The agreement may take several forms, but usually requires the defendant to plead guilty to one or more offenses. In exchange, the prosecutor drops other charges, accepts that the defendant pleads guilty to a lesser offense, and requests a certain sentence for the defendant or does not oppose the defense's sentence request.

Types and Use in the United States

In the United States, under the Federal Rules of Criminal Procedure, rule 11 requires that the court ensure that the plea agreement is intelligent and voluntary and determine that there is a factual basis for ...

  • Loading...
locked icon

Sign in to access this content

Get a 30 day FREE TRIAL

  • Watch videos from a variety of sources bringing classroom topics to life
  • Read modern, diverse business cases
  • Explore hundreds of books and reference titles