Plea Bargaining

Plea bargaining is a process in a criminal case whereby the defendant agrees with the prosecutor to plead guilty (or no contest) in exchange for a reduction in charges or a reduction of sentence. By pleading guilty, the defendant gives up the right to go to trial. Contrary to the widespread belief that criminal cases are usually resolved through jury trials, in reality as many as 95% of criminal cases are handled by plea bargaining. This bargaining process has been viewed by some as a rational one in which the participants take into account both the probability of conviction and the likely sentence if the defendant were to be found guilty at trial; the participants arrive at a bargain that is fair to both sides. Critics of plea bargaining have focused on the flaws in the system that distort the process, such as heavy case loads, which cause prosecutors or public defenders to favor plea bargains over trials in almost all circumstances, regardless of the merits of the case. Additional causes for imperfect bargains involve psychological influences that lead to poor decision making. In spite of its importance to the criminal justice system, only a limited amount of research exists on the topic of plea bargaining.