In the criminal justice system, a plea bargain is a negotiated agreement between a defendant and a prosecutor. By entering into a plea bargain, the defendant agrees to plead guilty to a lesser charge to avoid the risk of a more serious punishment. The purpose of a plea bargain is to reach a mutually acceptable resolution to a criminal case without a trial or a courtroom trial.
The benefit of a plea bargain is that it eliminates the uncertainty associated with a criminal trial, including the risk that the defendant could be convicted of the most serious criminal charges. Because of this, the defendant gets less time in jail or a lighter sentence than they would if they went to trial and were found guilty. In many cases, the defendant can also avoid a trial altogether and can still receive a lesser conviction.
In addition, plea bargains often involve the defendant agreeing to participate in a drug rehabilitation program or counseling sessions in exchange for a reduced sentence. Prosecutors are also willing to provide reduced sentences in exchange for cooperation with the investigation.
Examples of Plea Bargain Agreements
Let’s examine some recent cases where plea bargains were used to resolve criminal proceedings:
- In the high profile case of Paul Manafort (who had served as President Donald Trump’s campaign chairman in 2016), he accepted a plea bargain in 2018 that resulted in him pleading guilty to financial fraud and related charges. The prosecution recommended Manafort serve 10 years in prison with a possible reduction of his sentence if he cooperated with the investigation into Russian interference in the 2016 U.S. election.
- In 2021, four members of the U.S. Capitol rioters accepted a plea bargain with the federal government. The plea bargain involved each defendant agreeing to serve prison time and serve probation on charges related to the U.S. Capitol riot on January 6th.
- In 2020, actor Felicity Huffman plead guilty to a charge of fraud related to her college admissions scandal. Huffman agreed to a 14-day prison sentence with a year of supervised release. She was also required to perform 250 hours of community service and pay a $30,000 fine.
The Pros and Cons of Plea Bargaining
The advantages of plea bargaining for both the defendant and the prosecution are that it reduces the risk of a lengthy, expensive, and stressful trial, streamlines the legal process, and helps the prosecutor gain a conviction. However, there are also some drawbacks to plea bargaining. For example, it can often carry a stigma or disregard for justice by letting certain criminals get away with lower sentences than they would have received if they had gone to trial.
In addition, plea bargains can be difficult to negotiate, can reduce the quality of justice, and can encourage false confessions from the accused. Finally, plea bargains can also result in the victim of the crime feeling less satisfied with the outcome than if the criminal had gone to trial and faced a harsher punishment.
Ultimately, plea bargains are a lawful and important tool in the criminal justice system. While understanding the pros and cons of a plea bargain is essential for business professionals, it’s equally important to recognize the importance of this crucial legal process.