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Plea bargaining is a significant part of the criminal justice system in the United States; the vast majority (roughly 90%) [29] of criminal cases in the United States are settled by plea bargain rather than by a jury trial. [30] Plea bargains are subject to the approval of the court, and different states and jurisdictions have different rules.
The United States Supreme Court has recognized plea bargaining as both an essential and desirable part of the criminal justice system. [25] The benefits of plea-bargaining are said to be obvious: the relief of court congestion, alleviation of the risks and uncertainties of trial, and its information gathering value. [26]
Today, Mnookin and Kornhauser's 1979 article is widely recognized as a landmark article "which legitimized the study of negotiation within the legal academy" by "tethering bargaining to jurisprudence". [4] A 2012 study determined that as of that year, it was the nineteenth most-cited law review article of all time. [5]
Some nations, such as America, allow plea bargaining in which the accused pleads guilty, nolo contendere or not guilty, and may accept a diversion program or reduced punishment, where the prosecution's case is weak or in exchange for the cooperation of the accused against other people. This reduced sentence is sometimes a reward for sparing the ...
The agreement differs from a traditional plea because it likely will not require approval from state District Judge Andrea Beall, who is presiding over the case in Harris County criminal court in ...
In short, plea bargains outside the law's shadow depend on prosecutors' ability to make credible threats of severe post-trial sentences. Sentencing guidelines make it easy to issue those threats." [24] The federal guilty plea rate has risen from 83% in 1983 to 96% in 2009, [25] a rise attributed largely to the Sentencing Guidelines.
In a plea bargain, a defendant makes a deal with the prosecution or court to plead guilty in exchange for a more lenient punishment, or for related charges against them to be dropped. A "blind plea" is a guilty plea entered with no plea agreement in place. [3] Plea bargains are particularly common in the United States. [4]
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