Plea Bargaining

Types of Plea Bargains

There are three main classifications of plea bargains. Each type involves implied sentence reductions, but those reductions are achieved in very different ways. The first category is charge bargaining, in which a defendant pleads guilty to reduced charges. Charge bargaining occurs when defendants plead guilty to necessarily included offenses (e.g., aggravated assault rather than attempted murder).

Sentence bargaining involves assurances of lighter or alternative sentences in return for a defendant's pleading guilty. One of the most visible forms of sentence bargaining occurs when defendants plead guilty to murder in order to avoid the death penalty. Sentence bargains also occur in less serious cases, such as pleading guilty in exchange for a sentence of “time served,” which means the defendant will be sentenced to however long he or she has been detained and will, therefore, be immediately released.

The third type of plea negotiation is count bargaining, in which defendants who face multiple charges may be allowed to plead guilty to fewer counts. The charges need not be identical: The prosecutor may drop any charge or charges in exchange for a guilty plea on the remaining charges. Because it applies only to defendants who face multiple charges, this is the least common form of bargaining.

Research has shown that defendants who plead guilty receive less severe sentences than their counter-parts who exercise their right to trial. Government statistics for 1996 show that the average sentence following a felony conviction by jury trial was 150 months, compared with only 54 months for defendants who pled guilty. Based on these statistics, it appears that merely pleading guilty can reduce one's sentence by about two-thirds. It is possible, however, that some of the difference is due to defendants who refuse harsh bargains but receive severe sentences after conviction; this would inflate the severity of posttrial sentences compared to postbargain sentences. In fact, however, those accused of violent offenses (for which longer sentences are likely) are less likely than other defendants to plea bargain.

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