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Plea bargaining is an agreement negotiated between a prosecutor and a defendant's legal team in a criminal case. In this agreement, the defendant will plead guilty or "no contest" to a charge. In return, the prosecutor will offer some benefits. These may include lowering the charge, dropping other charges, or suggesting a lighter sentence; this process allows cases to be resolved without the need for a full trial, saving time and resources for the court system.

There are several common types of plea bargains.

• Charge Bargaining: This happens when the defendant agrees to plead guilty to a lesser charge than the one originally filed.
• Sentence Bargaining: In this case, the defendant pleads guilty in exchange for a specific, more lenient sentence or for a recommendation of a lighter sentence.
• Count Bargaining: This allows the defendant to plead guilty to some of the original charges while having others dismissed.

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"In 2022, nearly 90 percent of people charged in federal criminal cases pleaded guilty and did not go to trial at all. Cases at the state level have followed a similar pattern.Relevant data at the state level is generally far less comprehensive, but from 2012 to 2015, California, Florida, Pennsylvania, and Texas had trial rates of less than two percent." (Nazish Dholakia, 2024, How the Criminal Legal System Coerces People into Pleading Guilty. Vera Institute)

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Prosecutor

Advantages

Plea bargains have significant advantages, such as resolving cases more quickly, reducing court backlogs, and saving time and money. They can also lead to higher conviction rates, allowing prosecutors to secure convictions even with weaker evidence. Additionally, they provide more certain outcomes compared to trials and free up court resources.

Disadvantages

The potential for injustice exists, as defendants may be pressured into accepting deals, even if innocent, or may receive lighter sentences than if convicted at trial. Furthermore, plea bargains can limit the prosecution's ability to gather further evidence or pursue additional charges.

Defense Attorney

Advantage

A defense attorney offers clients advantages such as reduced risks, greater certainty, and lower costs. Plea bargains can help defendants avoid harsher sentences, like longer prison terms or higher fines. They provide predictable outcomes, making future planning easier for both the defendant and attorney. Additionally, plea bargains are often quicker and less expensive than trials.

Disadvantage

Defendants may feel pressured to accept a deal they aren't fully comfortable with, leading to a guilty plea that results in a criminal record and reputational harm. Accepting a plea also means waiving the right to a jury trial and the chance to present evidence.

Defendant

Advantage

Defendants in a legal context face both advantages and disadvantages Defendants face both pros and cons when considering a plea bargain. On the plus side, they may receive reduced punishments, such as lighter sentences or probation, and benefit from quicker case resolutions, which can alleviate emotional and financial burdens.

Disadvantage

The disadvantages include admitting guilt, which can impact future job and housing opportunities. Defendants also give up their right to a jury trial and may feel pressured to accept deals even if they are innocent, potentially leading to unfair outcomes.

Victim

Advantage

A plea bargain can provide a quicker resolution, offering victims closure and the chance to move on with their lives. It may also reduce the risk of the defendant committing further crimes and allow victims to share their views.

Disadvantage

However, victims may feel that the punishment is inadequate, leading to a sense of injustice and a loss of control over the outcome. Additionally, the emotional toll of the plea bargain process can be challenging and may re-traumatize victims, making it a complex issue.

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Improved transparency in Missouri courts

In some Missouri court systems, a reform known as "open-file discovery" has been used to address transparency issues in plea bargaining. While plea negotiations are often secretive, leading to concerns about fair treatment and unequal outcomes, open-file discovery creates a more transparent process that helps to level the playing field.

How the change improved the system:

• Reduced coercion: Providing defendants and their counsel with all relevant evidence in advance lessens the pressure to accept plea bargains out of fear. This ensures they are fully informed before waiving their right to trial.
• Encouraged prosecutorial accountability: Open-file discovery documents evidence and negotiations, discouraging prosecutorial misconduct. This allows the defense to challenge weak offers or threats.
• More informed and just pleas: Transparency ensures that plea agreements are based on facts, protecting defendants' rights and promoting fairness in plea deals.

Reduced trial penalties in New Hampshire courts

In 2018, New Hampshire enacted a rule to reduce the "trial penalty," which is the large sentencing difference between plea bargains and trial convictions. Judges must now justify any sentence that significantly differs from a rejected plea offer, aiming to limit the pressure prosecutors can exert on defendants to plead guilty by threatening harsher sentences for those who choose to go to trial.

How the change improved the system:

• Reduced incentive for coercive pleas: Limiting the sentencing difference between plea deals and trial convictions reduces the threat of harsh sentences used by prosecutors to compel guilty pleas.
• Increased fairness: This reform aligns sentences more closely with the crime's severity, protecting defendants with less bargaining power from unfair punishments for choosing to go to trial.
• Greater judicial oversight: Requiring judges to justify significant sentencing differences enhances transparency in the plea process and ensures active judicial involvement in reviewing plea agreements.