Plea bargaining is a practice in which the defendant in a criminal case agrees to plead guilty instead of going to trial. In some cases, the prosecuting attorney promises to drop one or more charges or to substitute a less serious charge in exchange for a guilty plea. Such a procedure is called charge bargaining. In a process called sentence bargaining, the prosecutor promises to recommend that the accused receive a lighter sentence than ordinarily would be given. In the United States, about 90 per cent of all defendants plead guilty, most as a result of plea bargaining. A defendant who engages in bargaining is sometimes said to be “copping a plea.”
The government saves time and money by plea bargaining rather than deciding each case by trial. Many lawyers and other experts on criminal justice favor plea bargaining because it allows district attorneys to vary punishment, depending on the individual circumstances of the crime. Other supporters believe that a lawbreaker who openly acknowledges guilt has shown regret and deserves a lighter sentence.
Many critics of plea bargaining believe it allows large numbers of criminals to be punished less severely than they deserve. Other opponents fear that the procedure jeopardizes a defendant’s right to be considered innocent until proved guilty. They argue that plea bargaining may force even innocent persons to agree to a criminal charge because of a fear of going to trial. As a result of such criticisms, many states have established rules to prevent abuse of the system. In some states, lawyers must report in open court the promises made during plea-bargaining sessions.
