How do prosecutors benefit from plea bargains

Depending on the offense, the defendant may get out altogether or on probation, with or without some community service obligations. Or, the defendant may have to serve more time, but will still get out much sooner than if the case had gone to trial.

Even if the plea results in the defendant being moved from jail to prison, even this may occasionally be a benefit. A move to prison can be a step up if the jail conditions are worse than prison conditions.

And convicts in prison may have privileges that defendants awaiting trial in jail don't have. Furthermore, even when defendants go to prison, there is some intangible benefit to simply having resolution—knowing how long they will be in, rather than spending what may feel like endless hours waiting around in jail.

Getting the matter over quickly. This has the intangible benefit, touched on above, of providing resolution to what is almost always a stressful event being charged with a crime.

People who are charged with a crime while on vacation, for example, might opt for a plea bargain in order to get back home sooner. And defendants with jobs who are charged with minor offenses may prefer to resolve the case in one court appearance rather than missing work repeatedly. Going to trial usually requires much more time in court than a plea bargain.

Pleading guilty or no contest in exchange for a reduction in the number of charges or the seriousness of the offenses looks a lot better on a defendant's record than the convictions that might result following trial.

This can be particularly important if the defendant is convicted in the future. For example, a second DUI conviction may carry mandatory jail time, but if the first DUI offense had been bargained down to reckless driving for example , there may be no jail time for the second DUI arrest. Even for people who are never rearrested, getting a charge reduced from a felony to a misdemeanor, or from a felony that constitutes a strike under a "three strikes" law to one that doesn't, can be a critical benefit.

Some professional licenses must be forfeited upon conviction of a felony. Future employers may not want to hire someone previously convicted of a felony.

Felony convictions may be used in certain court proceedings even civil cases to discredit people who testify as witnesses.

Felons can't own or possess firearms. And in many jurisdictions, felons can't vote. Having a less socially stigmatizing offense on one's record. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Market Your Law Firm.

Lawyer Directory. Call us at 1 Plea Bargaining Pros and Cons. An explanation of plea bargaining, including the pros and cons. Plea Bargains from the Defendant's and Prosecutor's Views: Pros A bargain has the obvious advantages of certainty and reduction of risk. The defendant avoids the risk that: a trial will uncover evidence that is even more damning resulting in the possibility of added, harsher charges the jury will find him guilty, and the judge will "throw the book" at him.

Statutory Limitations on Plea Bargaining Not every case can be bargained "down. Constitutional Limitations on Plea Bargaining Plea bargaining that attempts to nail down a specific sentence must involve a willing judge for the bargain to be a deal that the defendant can rely on.

Practical Limitations Defendants who plead guilty in exchange for a lesser charge or sentence must still appear before a judge and admit guilt. Talk to a Lawyer Start here to find criminal defense lawyers near you. Felony convictions may be used in certain court proceedings even civil cases to discredit people who testify as witnesses. Prosecutors may reduce charges that are perceived as socially offensive to less offensive charges in exchange for a guilty plea.

For example, a prosecutor may reduce a molestation or rape case to an assault. Some people plead guilty—especially to routine, minor first offenses—without hiring a lawyer. If they waited to go to trial, they would have to find a good lawyer and spend both time and money preparing for trial. While news of the plea itself may be public, the news is short-lived compared to news of a trial. Crowded calendars and overburdened prisons provide powerful incentives to many judges and prosecutors.

For a judge, the primary incentive for accepting a plea bargain is to move along a crowded calendar. Additionally, because jails are overcrowded, judges may face the prospect of having to release convicted people housed in the same facilities as those awaiting trial before they complete their sentences. When the judge is bogged down, the judge puts pressure on the prosecutors to move cases along quicker. Of course, prosecutors are also concerned about their own calendars.

Although plea bargaining allows the criminal justice system to conserve resources, the plea bargains are controversial. Some commentators oppose plea bargains, as they feel that plea bargains allow defendants to shirk responsibility for the crimes they have committed. Others argue that plea bargains are too coercive and undermine important constitutional rights. Plea bargaining does require defendants to waive three rights protected by the Fifth and Sixth Amendments : the right to a jury trial , the right against self-incrimination , and the right to confront witnesses.

The Supreme Court , however, in numerous cases such as Brady v. United States , U. McCarthy v.