know and understand the rights that they are waiving (giving up) by pleading guilty, including (1) the right to counsel if unrepresented, (2) the right to a jury trial, (3) the right not to incriminate themselves, and (4) the right to confront and cross-examine their accusers.
ProsecutorsProsecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.
The Cons of Plea Bargains Innocent defendants pleading guilty: The biggest drawback to plea bargaining is that innocent defendants decide to plead guilty to lesser charges to avoid the risk that they will be found guilty at trial. Despite being innocent, these people now have criminal convictions on their records.
– Discusses the three main areas of negotiations involving plea bargains:charge bargaining,sentence bargaining, and fact bargaining.
Discount For A Plea of Guilty Consequently an offender who pleads guilty to a charge is afforded a discount on the sentence which would otherwise have been imposed following a finding of guilt after a trial.
Although the prosecutor makes a recommendation, the Judge holds the ultimate power.
It's no secret that the overwhelming majority of criminal cases never reach trial. The prosecution may dismiss charges, perhaps because of a lack of evidence. Sometimes prosecutors decide not to refile charges after a felony defendant prevails at the preliminary hearing.
What Is Admissible Evidence? One admissible evidence definition is that admissible evidence is any document, testimony, or tangible, physical item, e.g. a murder weapon, that can be used to prove a fact at issue in a hearing or trial in a court of law under the rules of evidence.
Prosecutors benefit from plea bargains because the deals allow them to improve their conviction rates. Some prosecutors also use plea bargains as a way to encourage defendants to testify against codefendants or other accused criminals.
After charges are filed, prosecutors and sometimes courts may dismiss such charges for some of the same reasons that charges are dropped before being filed. Evidence may be poor, witnesses may be unavailable or illegal tactics may have been used to gather evidence or make arrests.
This process is known as negotiating a plea or plea bargaining. In most jurisdictions it resolves most of the criminal cases filed.
charge bargainThe most common plea bargain is a charge bargain. Sentence bargaining is when the prosecution agrees to allow a defendant to plead to a lesser charge in return for dismissing more serious charges.
Ensures the defendant understands the charges and punishment. Ensures the defendant's right to due process. May accept or reject the plea bargain. May influence the prosecutor's decision to enter into a plea bargain.
Who decides what plea will be entered? The Defendant alone is the one who decides which plea to enter, regardless of what his counsel recommends.
United States, 397 U.S. 742 (1970) has held that plea bargaining is constitutional. The Supreme Court, however, has held that defendants' guilty pleas must be voluntary, and that defendants may only plead guilty if they know the consequences of doing so.
Prosecutors benefit from plea bargains because the deals allow them to improve their conviction rates. Some prosecutors also use plea bargains as a way to encourage defendants to testify against codefendants or other accused criminals.