Plea bargaining is largely driven by prosecutorial discretion. How are the defense, the judge, and the victim involved in the process as well?

Question

What will be an ideal response?

Answer 1

While the prosecutors drive the process, plea bargaining requires a degree of cooperation between prosecutors and defense attorneys-in the vast majority of cases, they work together to reach a favorable outcome. The defense counsel is required to play an advisory role in plea negotiations. They have to advise the defendant of the alternatives available and are responsible for making certain the accused understands the nature of the plea-bargaining process and that by pleading guilty, they are waiving certain rights. Defense counsels are also constitutionally required to communicate all plea-bargaining offers to the client, even if they believe those offers to be unacceptable. According to ABA standards, the judge should not be involved. Judicial participation can create the impression in the mind of the defendants that they cannot receive a fair trial, lessen the ability of the judge to make an objective determination, is inconsistent with the theory behind the use of presentence investigation reports, and may induce innocent defendants to plead guilty because they are afraid to reject the disposition desired by the judge. The judge's role, then, is to approve the plea agreements after they have been negotiated. Some worry the system is too "victim driven" because prosecutors ask approval for pleas from a victim or family member, but statutes do not require the prosecutor to defer to the victim's wishes and there are no legal consequences for ignoring the victim.