Plea Bargain

Definition

An agreement in which a defendant pleads guilty, usually to a lesser charge or for a lighter sentence, instead of going to trial.

Example

Most criminal convictions in the United States, well over 90 percent, come from plea bargains rather than trials. In Missouri v. Frye (2012), the Supreme Court ruled that the right to effective counsel covers plea offers.

 

Questions

  1. Define plea bargain.

  2. Explain why prosecutors offer plea bargains.

  3. Explain why a defendant might accept a plea bargain.

  4. Describe how plea bargaining affects the Sixth Amendment right to a jury trial.

  5. Explain the outcome of Missouri v. Frye.

  6. Explain one criticism of relying on plea bargains.

  7. Describe how plea bargaining connects to due process.

  8. Does plea bargaining make the justice system more fair or less fair? Explain.

  9. What emoji would do a good job of expressing the concept plea bargain?

  10. Translate plea bargain into plain English.

Remember!

Now, let’s commit this term to our long-term memory. On a scrap piece of paper, take 10 or 20 seconds to draw a plea bargain! Draw with symbols or stick figures if you wish. Nothing fancy. Don’t expect a masterpiece. No one else will see this but you. Look at your drawing. That’s all - now it’s downloaded into your memory. Destroy the piece of paper in a most delightful way.


Further Review

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