Describe plea bargaining. Discuss how prosecutors engage in the practice.
What will be an ideal response?
Answers will vary. Plea bargaining most often takes place after an arraignment and before the beginning of a trial. In its simplest terms, it is a process by which the accused, represented by defense counsel, and the prosecutor work out a mutually satisfactory disposition of the case, subject to court approval.In most cases, a prosecutor has a single goal after charging a defendant with a crime: conviction. If a case goes to trial, no matter how certain a prosecutor may be that the defendant is guilty, there is always a chance that a jury or judge will disagree. Plea bargaining removes this risk. Furthermore, the prosecutorial screening process is not infallible. Sometimes, a prosecutor will find that the evidence against the accused is weaker than first thought or will uncover new information that changes the complexion of the case. In these situations, the prosecutor may decide to drop the charges or, if he or she still feels that the defendant is guilty, turn to plea bargaining to "save" a questionable case.The prosecutor's role as an administrator also comes into play. He or she may be interested in the quickest, most efficient manner to dispose of caseloads, and plea bargains reduce the time and money spent on each case. Personal philosophy can affect the proceedings as well. A prosecutor who feels that a mandatory minimum sentence for a particular crime, such as marijuana possession, is too strict may plea bargain in order to lessen the penalty. Similarly, some prosecutors will consider plea bargaining only in certain instances-for burglary and theft, for example, but not for more serious felonies such as rape and murder.
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