Plea Bargain
What does "Plea Bargain" mean in law?
A plea bargain is a negotiated agreement between the prosecution and the defense in which the defendant agrees to plead guilty or no contest, typically in exchange for a reduced charge, dismissal of other charges, or a sentencing recommendation. The Supreme Court has recognized plea bargaining as an essential component of the criminal justice system (Santobello v. New York, 1971), and approximately 95% of criminal convictions result from guilty pleas. For a plea to be constitutionally valid under Boykin v. Alabama (1969), it must be knowing, voluntary, and intelligent -- the defendant must understand the nature of the charges, the rights being waived (including the right to trial by jury, the right to confront witnesses, and the privilege against self-incrimination), and the consequences of the plea. Prosecutors are bound by the terms of the bargain, and a breach may entitle the defendant to specific performance or withdrawal of the plea.
Definition
A plea bargain is a negotiated agreement between the prosecution and the defense in which the defendant agrees to plead guilty or no contest, typically in exchange for a reduced charge, dismissal of other charges, or a sentencing recommendation. The Supreme Court has recognized plea bargaining as an essential component of the criminal justice system (Santobello v. New York, 1971), and approximately 95% of criminal convictions result from guilty pleas. For a plea to be constitutionally valid under Boykin v. Alabama (1969), it must be knowing, voluntary, and intelligent -- the defendant must understand the nature of the charges, the rights being waived (including the right to trial by jury, the right to confront witnesses, and the privilege against self-incrimination), and the consequences of the plea. Prosecutors are bound by the terms of the bargain, and a breach may entitle the defendant to specific performance or withdrawal of the plea.
Example
The prosecutor offered a plea bargain reducing the charge from first-degree robbery to second-degree in exchange for a guilty plea and testimony against a co-defendant, but defense counsel failed to communicate the offer, which expired, resulting in a conviction at trial on the original charge and a successful ineffective assistance claim.