No standard definition of plea bargaining exists among practitioners. The definition of "plea bargaining" varies depending on the.
jurisdiction and on the context of its use.[9] However, to identify the core problems of plea bargaining, we must first settle on a.
definition that encompasses the broad range of practices that may be considered plea bargaining. Black's Law Dictionary.
provides a general definition that serves as a useful starting point to highlight the common misunderstandings of what constitutes.
plea bargaining. Black's defines plea bargaining as:.
The process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval. It usually involves the defendant's pleading guilty to a lesser offense or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that possible for the graver.
charge.[10].
The first part of the definition suggests that plea bargains are "mutually satisfactory dispositions." While it is true that the bargain.
struck must be agreed upon by both sides and the guilty plea must be made intelligently and voluntarily,[11] this does not guarantee.
a mutually satisfactory result. The prosecutor may be forced to present a highly favorable offer to a defendant as a result of errors.
in procedure that may cause evidentiary problems at trial.[12] On the other hand, the strength of the prosecutor's bargaining.
power may present the defendant with almost equally unfavorable choices.[13] For example, the prosecutor's offer may involve.
merely not taking advantage of broad powers granted by the legislature such as not overcharging the defendant, not charging him.
as a multiple offender, or grouping several convictions for the same incident into a single sentence. In either scenario, the.
description "mutually satisfactory disposition" belies the true nature of the situation.