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.
Why are plea bargains often used by prosecutors?
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. … Judges also benefit from plea bargaining.
Why are plea bargains an important tool for prosecutors quizlet?
These agreements allow prosecutors to focus their time and resources on other cases, and reduce the number of trials that judges need to oversee. In plea bargains,
prosecutors usually agree to reduce a defendant’s punishment
.
What is the major reason why plea bargains are used?
Plea bargaining is prevalent for practical reasons.
Defendants can avoid the time and cost of defending themselves at trial
, the risk of harsher punishment, and the publicity a trial could involve. The prosecution saves the time and expense of a lengthy trial. Both sides are spared the uncertainty of going to trial.
Why are plea bargains a key part of the criminal justice system quizlet?
– Pleading guilty instead of going to trial reduces uncertainty as to the outcome of a trial. –
Plea bargains offer the accused a freedom of choice
. – The plea bargain saves time and money. … – The accused gives up the right to trial, the right to hear all evidence against him, and to test the prosecution’s evidence.
Do victims have a say in plea bargain?
Most states provide victims with some level of prosecutorial consultation about a negotiated plea agreement; however, the extent of their participation varies widely from state to state. … In several states,
victims are afforded a general right to confer with the prosecutor
.
What is the downside 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.
Who decides if a plea bargain will be entered into quizlet?
It is in
the judge’s discretion
. The judge is not a party to the plea contract and is not bound by it. The judge may either accept the plea, or “bust the plea”. You just studied 13 terms!
Who decides if a plea agreement will be entered in to?
A judge
has discretion to decide whether to accept or reject a plea agreement. To make that decision, the judge evaluates whether the punishment is appropriate in light of the seriousness of the charges, the defendant’s character, and the defendant’s prior criminal record.
Who does the prosecutor represent?
The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law. Typically, the prosecutor represents
the government in the case brought against the accused person
.
Is it better to take a plea deal?
Plea deals can benefit both parties
; the government saves valuable time and resources by avoiding complex criminal trials, and defendants can often plea to lesser charges that substantially mitigate the potential consequences they face.
Do judges usually accept plea bargains?
Judge’s Approval of a Plea Bargain
Technically, the answer to that question is
yes
. … In most criminal cases, the judge will normally agree with the plea bargain made between the prosecutor and defense lawyer.
What is the primary benefit of a plea for a defendant quizlet?
or defendants, the primary benefit of a plea is
a lenient sentence
. Ultimately, they must decide whether to accept a plea or go to trial.
Who is the most powerful person in the plea bargain process?
“And again, the person who has the most say and power over a plea bargain—that person is
the prosecutor
,” Bazelon said. Experts says plea deals have fueled mass incarceration by incentivizing defendants to plead guilty, even if they didn’t do the crime.
What might a judge do if he or she determines that a probation violation has occurred quizlet?
During which part of the criminal justice process is the judge most visible? … What might a judge do if he/she determines that a probation violation has occurred?
Revoke probation, Modify the conditions of probation, or extend the probationary time
. Which of the following is not a standard condition of probation?
When the prosecutor allows the defendant to plead guilty to a less serious charge than the one originally filed this is called quizlet?
The 3 most common types of plea agreements are charge bargaining, count bargaining, and sentence bargaining. In
a charge bargain
, the defendant pleads guilty to a less serious charge than the one originally specified.