Identify the four primary actors in the plea bargaining process. Compare the power differential between these actors.

Question

What will be an ideal response?

Answer 1

One is the prosecution, which can have the most power in the process. Prosecutors have many options, including a reduction of the original charge; a dismissal of some charges; a recommendation of probation or another, more lenient, form of punishment, etc. The second and third are the defense counsel and the defendant. The defense counsel is required to advise the defendant about the plea negotiations. The defense must be knowledgeable about the facts of the case and the evidence, and must be able to advise the defendant of the alternatives. The defense must ensure that the accused understands the plea bargaining process, what it means to plead guilty, and the ramifications of doing so. The defense counsel must also keep the defendant informed of any developments and discussions with the prosecutor regarding plea bargaining defendant himself or herself. A defendant will often agree to plea bargain because it can result in a reduced charge or a less severe punishment. The fourth actor in the plea bargaining process is the judge. In some states, the victim is allowed to participate as a fifth actor in the plea bargaining process. In some cases, the prosecution will pay close attention to what the victim requests in terms of the plea bargain.