What Is Plea Bargain?
An agreement between a prosecutor and a defendant in which the defendant pleads guilty in exchange for some benefit — usually reduced charges, a lighter sentence, or both. Over 90% of criminal convictions in the U.S. result from plea bargains, not trials.
Quick Answer
An agreement between a prosecutor and a defendant in which the defendant pleads guilty in exchange for some benefit — usually reduced charges, a lighter sentence, or both. Over 90% of criminal convictions in the U.S. result from plea bargains, not trials.
Full Explanation
A plea bargain is a negotiated agreement in a criminal case where the defendant agrees to plead guilty (usually to a lesser charge or with an agreed-upon sentence recommendation) in exchange for the prosecution dropping or reducing charges or recommending a more lenient sentence.
There are several types. Charge bargaining involves pleading guilty to a lesser offense — for example, pleading to manslaughter instead of murder. Sentence bargaining involves agreeing to a specific sentence in exchange for a guilty plea. Count bargaining means pleading to fewer charges when multiple counts are filed.
Plea bargains dominate American criminal justice. Approximately 97% of federal criminal convictions and over 90% of state convictions come from guilty pleas, mostly pursuant to plea agreements. The Supreme Court has recognized that plea bargaining 'is not some adjunct to the criminal justice system; it is the criminal justice system.' (Lafler v. Cooper, 2012).
Defendants must be advised of their constitutional rights before entering a plea — specifically, the right to trial, the right against self-incrimination, and the right to confront witnesses. The court must find that the plea is voluntary and that there is a factual basis for it.
A defendant who enters a plea based on ineffective assistance of counsel — for example, because their lawyer gave bad advice about likely sentences — may be able to withdraw the plea.
Real-World Example
A defendant is charged with armed robbery, which carries a potential 15-year sentence. The prosecutor offers to accept a plea to simple theft with an agreed recommendation of 18 months. The defendant, facing uncertain trial odds, accepts the plea deal. This is a charge bargain and sentence bargain rolled together.
In Padilla v. Kentucky (2010), the Supreme Court held that a criminal defense lawyer who failed to advise an immigrant client that pleading guilty would lead to deportation provided constitutionally ineffective assistance — illustrating how important the quality of advice during plea bargaining is.
Why It Matters for Law Students
Plea bargaining is the primary way criminal cases are resolved in the American justice system. Understanding how and why plea deals work, the constitutional requirements for a valid plea, and the role of defense counsel in the process is essential for any criminal law practitioner.