plea bargaining
No standard definition of plea bargaining exists among practitioners. Thedefinition of "plea bargaining" varies depending on the jurisdiction and on the contextof its use. A general definition that serves as a useful starting point to highlight theissue is: "the process whereby the accused and the prosecutor in a criminal case workout a mutually satisfactory disposition of the case subject to court approval. It usuallyinvolves the defendant's pleading guilty to a lesser offense or to only one or some ofthe counts of a multi-count indictment in return for a lighter sentence than that ispossible for the graver charge". However, the true nature of plea bargaining includes
Plea bargaining's resiliency provides at least some benefits to all players in thecriminal justice system: district attorneys, defense attorneys, defendants, judges and,to a certain extent, victims. Thevariety of concessions extends to the limits of the prosecutor's or judge's imagination. The written guidelines will provide all parties with limits to negotiationand will reduce the length of the negotiations themselves. Plea bargaining is a natural feature of the adversarial system of common law. Plea bargaining provides attorneys with quick, efficient method of handling alarge caseload. The establishment of a set ofwritten rules that limits the concessions the prosecutor can offer for a defendant isnecessary. Plea bargaining is an unfamiliar legal institute for Russian law system but aswe can see it has many benefits above all for a defendant. A comprehensive definition defines plea bargaining as "the def endant's agreement toplead guilty to a criminal charge with the reasonable expectation of receiving someconsideration from the state. Additionally judges seldom reject pleabargaining agreements involving sentencing recommendations by the prosecutor. Defendants benefits from plea bargaining are obvious. It remedies unfair andinconvenient features of court procedure. In exchange forpleading guilty and avoiding trial, defendants can receive concessions from theprosecutor or the dismissal of some of the charges in their indictment. But owing to its resiliency plea bargainingcontains many possibilities of abusing this right.
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Acceptance Essays
