CJL4510

CJL 4510 Course Essay 2 Study Guide 2025

Discuss the process known as Plea Negotiations or Plea bargaining. Start your essay by defining the term. Secondly describe the 3 different plea bargains discussed in chapter 12. Thirdly discuss approximately how many cases are disposed by plea negotiations versus a trial. In your discussion, state the reasons why a majority of cases are resolved by plea bargaining. Lastly describe the role that the prosecutor, defendant, defense attorney and judge play in plea negotiations.

1. Plea negotiation is defined as the process by which a defendant pleads guilty to a charge in anticipation of receiving some consideration.

2. The 3 types of plea bargains are:

a. Charge bargaining is when is when the defendant is charged with an offense and negotiates to plea guilty to a reduced charge. Example the defendant is charged with grand theft but pleads guilty to a reduced charge of petit theft.

b. Count bargaining is when the defendant is charged with 2 or more counts and pleads guilty to one count in consideration of another count being dismissed. Example the defendant is charged with burglary and grand theft. The defendant pleads guilty to burglary and the grand theft count is dropped.

c. Sentence bargaining is when the defendant pleads guilty as charged in consideration of receiving a specific sentence less than the maximum.

3. Approximately, 90-94% of cases are resolved through plea negotiations. This is because most criminal cases are routine with no real questions of law or facts in dispute. Additionally, defendants are concerned that if they go to trial and lose, they will receive an enhanced sentence or what is called the jury trial penalty.

4. The role of the court room work group and plea bargaining is as follows:

a. The prosecutor, by entering into a plea-bargaining agreement, is guaranteed a conviction. By entering into a plea bargain, the prosecutor does not risk the uncertainty of a jury trial.

b. The defendant, by entering into a plea-bargaining agreement, is guaranteed to receive a lesser or reduced sentence.

c. The defense attorney benefits in the plea-bargaining process by securing a lesser sentence for her client.

d. The judge benefits through the plea-bargaining process by disposing of cases much quicker through plea bargaining than a jury trial. Most judges are passive participants in the plea-bargaining process. Passive participant judges merely accept or decline the bargain. It is rare that a judge declines a plea bargain. A minority of judges are active participants in plea bargaining. These judges benefit by having a reduced case count in their division.