Content deleted Content added
Citation bot (talk | contribs) Alter: title. Add: date, title. Changed bare reference to CS1/2. | Use this bot. Report bugs. | Suggested by Whoop whoop pull up | #UCB_toolbar |
No edit summary |
||
| (24 intermediate revisions by 21 users not shown) | |||
Line 2:
{{MOS|date=October 2018}}
A '''plea bargain''' (also '''plea agreement''' or '''plea deal''') is an agreement in [[criminal law]] proceedings, whereby the [[prosecutor]] provides a concession to the [[defendant]] in exchange for a [[plea]] of guilt or ''[[nolo contendere]].'' This may mean that the defendant will plead guilty to a less serious charge, or to one of the several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence.<ref>{{Cite book|title=Black's law dictionary|year=2000|publisher=West Group|location=St. Paul, Minn.|isbn=978-0-314-24077-4|edition=7th|editor=Garner, Bryan A.|page=1173}}</ref>
A plea bargain allows both parties to avoid a lengthy criminal trial and may allow criminal defendants to avoid the risk of conviction at trial on a more serious charge. For example, in the legal system of the United States, a criminal defendant charged with a [[felony]] theft charge, the conviction of which would require imprisonment in state prison, may be offered the opportunity to plead guilty to a [[misdemeanor]] theft charge, which may not carry a custodial sentence.
Line 8:
In cases such as an automobile collision when there is a potential for civil liability against the defendant, the defendant may agree to plead "no contest" or "guilty with a civil reservation", which essentially is a guilty plea without admitting civil liability.
Plea bargaining can present a dilemma to [[defense attorney]]s, in that they must choose between vigorously seeking a good deal for their present client, or maintaining a good relationship with the prosecutor for the sake of helping future clients.<ref>{{Citation|url=http://heinonline.org/HOL/LandingPage?handle=hein.journals/ucinlr49&div=46&id=&page=|volume=1998|page=183|year=1998|title=Utilitarian Analysis of the Objectives of Criminal Plea Negotiation and Negotiation Strategy Choice|journal=University of Cincinnati Law Review|author=Vanover, Joseph W.|url-status=live|archive-url=https://web.archive.org/web/20171019182724/http://heinonline.org/HOL/LandingPage?handle=hein.journals%2Fucinlr49&div=46&id=&page=|archive-date=2017-10-19}}</ref> However, in the case of the
In charge bargaining, defendants plead guilty to a less serious crime than the original charge that was filed against them. In count bargaining, they plead guilty to a subset of multiple original charges. In sentence bargaining, they plead guilty agreeing in advance what sentence will be given; however, this sentence can still be denied by the judge. In [[fact bargaining]], defendants plead guilty but the prosecutor agrees to stipulate (i.e., to affirm or concede) certain facts that will affect how the defendant is punished under the [[sentencing guidelines]].
Line 20:
==Disadvantages and issues==
=== Scope for coercive manipulation ===
Plea bargaining is criticized, particularly outside the United States, on the grounds that its close relationship with rewards, threats and coercion potentially endanger the correct legal outcome.<ref>{{citation|journal=Journal of Criminal Justice|volume=82|issue=4|date=2022|title=How do the consequences of pretrial detention on guilty pleas and carceral sentences vary between misdemeanor and felony cases?|author=Thomas, C.|author2=Cadoff, B.|author3=Wolff, K. T.|author4=Chauhan, P.|page=102008 |doi=10.1016/j.jcrimjus.2022.102008 |s2cid=253991546 |url=https://www.researchgate.net/publication/365754233}}</ref><ref>{{cite news|last1=Bawden|first1=Tom|title=Analysis: the Natwest Three plea bargain|url=https://www.thetimes.co.uk/article/analysis-the-natwest-three-plea-bargain-xvw5h6dfjmd|access-date=28 June 2017|newspaper=The Times|date=28 November 2000}}</ref>
Author [[Martin Yant]] discusses the use of coercion in plea bargaining:
Line 53:
=== Misalignment of goals and incentives ===
[[Agency problem]]s may arise in plea bargaining as, although the prosecutor represents the people and the defense attorney represents the defendant, these agents' goals may not be congruent with those of their
A prosecutor may want to maintain a high [[conviction rate]] or avoid a losing high-profile trials, creating the potential that they will enter into a plea bargain that furthers their interests but reduces the potential of the prosecution and sentence to deter crime.<ref>{{cite journal|author-link1=Stephen Schulhofer|last1=Schulhofer|first1=Stephen J.|title=Plea Bargaining as Disaster|journal=The Yale Law Journal|date=June 1992|volume=101|issue=8|pages=1979–2009|jstor=796954|doi=10.2307/796954|url=https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=7446&context=ylj}}</ref> Prosecutors may also make charging decisions that significantly affect a defendant's sentence, and may file charges or offer plea deals that cause even an innocent defendant to consider or accept a plea bargain.
Line 61:
==Usage in common law countries==
===United States===▼
{{Main|Plea bargaining in the United States}}▼
Plea bargaining is a significant part of the criminal justice system in the United States; the vast majority (roughly 90%)<ref>{{Cite journal |title=Plea Bargaining and Its History |first=Albert W. |last=Alschuler |journal=[[Columbia Law Review|Colum. L. Rev.]] |year=1979 |volume=79 |issue=1 |pages=1–43 |jstor=1122051 |doi=10.2307/1122051 |url=https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=2005&context=journal_articles }}</ref> of criminal cases in the United States are settled by plea bargain rather than by a [[jury trial]].<ref>[https://www.pbs.org/wgbh/pages/frontline/shows/plea/interviews/mcspadden.html Interview with Judge Michael McSpadden] {{webarchive|url=https://web.archive.org/web/20171010131431/https://www.pbs.org/wgbh/pages/frontline/shows/plea/interviews/mcspadden.html |date=2017-10-10 }} PBS interview, December 16, 2003</ref> Plea bargains are subject to the approval of the court, and different states and jurisdictions have different rules. The [[Federal Sentencing Guidelines]] are followed in federal cases and have been created to ensure a standard of uniformity in all cases decided in the federal courts. A two- or three-level offense level reduction is usually available for those who [[accept responsibility]] by not holding the prosecution to the burden of proving its case; this usually amounts to a complete sentence reduction had they gone to trial and lost.<ref>{{Citation|volume=54|publisher=Stan. L. Rev.|page=311|date=2001–2002|title=Apprendi and the Dynamics of Guilty Pleas|author=Bibas, Stephanos|url=http://heinonlinebackup.com/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/stflr54§ion=17|url-status=live|archive-url=https://web.archive.org/web/20120118234257/http://heinonlinebackup.com/hol-cgi-bin/get_pdf.cgi?handle=hein.journals%2Fstflr54§ion=17|archive-date=2012-01-18}}</ref>▼
The [[Federal Rules of Criminal Procedure]] provide for two main types of plea agreements. An 11(c)(1)(B) agreement does not bind the court; the prosecutor's recommendation is merely advisory, and the defendant cannot withdraw their plea if the court decides to impose a sentence other than what was stipulated in the agreement. An 11(c)(1)(C) agreement, however, binds the court once the court accepts the agreement. When such an agreement is proposed, the court can reject it if it disagrees with the proposed sentence, in which case the defendant has an opportunity to withdraw their plea.<ref>{{cite web|title=Federal Rules of Criminal Procedure, Rule 11. Pleas|url=https://www.law.cornell.edu/rules/frcrmp/rule_11|website=Legal Information Institute|publisher=Cornell Law School|access-date=28 June 2017|url-status=live|archive-url=https://web.archive.org/web/20170729182541/https://www.law.cornell.edu/rules/frcrmp/rule_11|archive-date=29 July 2017|date=2011-11-30}}</ref>▼
Plea bargains are so common in the [[Superior Courts of California]] (the general trial courts) that the [[Judicial Council of California]] has published an optional seven-page form (containing all mandatory advisements required by federal and state law) to help prosecutors and defense attorneys reduce such bargains into written plea agreements.<ref>See [http://www.courtinfo.ca.gov/forms/documents/cr101.pdf Form CR-101, Plea Form With Explanations and Waiver of Rights-Felony] {{webarchive|url=https://web.archive.org/web/20091009133217/http://www.courtinfo.ca.gov/forms/documents/cr101.pdf |date=2009-10-09 }}, [[Judicial Council of California]].</ref>▼
Certain aspects of the American justice system serve to promote plea bargaining. For example, the adversarial nature of the U.S. criminal justice system puts judges in a passive role, in which they have no independent access to information with which to assess the strength of the case against the defendant. The prosecutor and defense may thus control the outcome of a case through plea bargaining. The court must approve a plea bargain as being within the interests of justice.<ref>{{cite web|last1=Larson|first1=Aaron|title=How Do Plea Bargains Work|url=https://www.expertlaw.com/library/criminal/plea_bargains.html|website=ExpertLaw|access-date=28 June 2017|date=2 August 2016|url-status=live|archive-url=https://web.archive.org/web/20170905231449/https://www.expertlaw.com/library/criminal/plea_bargains.html|archive-date=5 September 2017}}</ref>▼
The lack of [[compulsory prosecution]] also gives prosecutors greater discretion as well as the inability of crime victims to mount a [[private prosecution]] and their limited ability to influence plea agreements.<ref>{{Citation|title=The Entrenched Position of Plea Bargaining in United States Legal Practice|author=JE Ross|year=2006|pages=717–732|journal=[[American Journal of Comparative Law]] |volume=54|jstor=20454559|doi=10.1093/ajcl/54.suppl1.717}}</ref> Defendants who are held in custody—who either do not have the right to bail or cannot afford bail, or who do not qualify for release on their own recognizance—may get out of jail immediately following the judge's acceptance of a plea.<ref>{{cite news|last1=Raphling|first1=John|title=Plead guilty, go home. Plead not guilty, stay in jail|url=https://www.latimes.com/opinion/op-ed/la-oe-raphling-bail-20170517-story.html|access-date=19 November 2017|work=Los Angeles Times|date=17 May 2017|url-status=live|archive-url=https://web.archive.org/web/20171118173541/http://www.latimes.com/opinion/op-ed/la-oe-raphling-bail-20170517-story.html|archive-date=18 November 2017}}</ref>▼
Generally, once a plea bargain is made and accepted by the courts, the matter is final and cannot be appealed. However, a defendant may withdraw his plea for certain legal reasons,<ref>{{cite web |url=http://wispd.org/attachments/article/230/Substantive%20Claims%20and%20New%20Developments%20in%20Appeals%20of%20Plea%20Cases.pdf |title=Home |access-date=2017-11-04 |url-status=live |archive-url=https://web.archive.org/web/20170517062308/http://wispd.org/attachments/article/230/Substantive%20Claims%20and%20New%20Developments%20in%20Appeals%20of%20Plea%20Cases.pdf |archive-date=2017-05-17 }}</ref> and a defendant may agree to a "conditional" plea bargain, whereby they plead guilty and accept a sentence, but reserve the right to appeal a specific matter (such as violation of a constitutional right). If the defendant does not win on appeal the agreement is carried out; if the defendant is successful on appeal the bargain is terminated. The defendant in ''[[Doggett v. United States]]'' made such a bargain, reserving the right to appeal solely on the grounds that he was not given a speedy trial as required by the United States Constitution; Doggett's claim was upheld by the United States Supreme Court and he was freed.▼
===Canada===
In Canada, the courts always have the final say with regard to sentencing. Nevertheless, plea bargaining has become an accepted part of the criminal justice system although judges and Crown attorneys are often reluctant to refer to it as such. In most Canadian criminal proceedings, [[the Crown]] has the ability to recommend a lighter sentence than it would seek following a guilty verdict in exchange for a guilty plea.<ref>{{cite web|title=Victim Participation in the Plea Negotiation Process in canada|url=http://www.justice.gc.ca/eng/rp-pr/cj-jp/victim/rr02_5/p3.html|website=Department of Justice|access-date=28 June 2017|date=7 January 2015|url-status=live|archive-url=https://web.archive.org/web/20170707131819/http://www.justice.gc.ca/eng/rp-pr/cj-jp/victim/rr02_5/p3.html|archive-date=7 July 2017}}</ref>
Line 90 ⟶ 75:
===England and Wales===
In England and Wales, plea bargaining, in the sense of seeking a particular sentence in exchange for dropping some charges, is not permitted; only the judge or magistrates have the power to determine sentence, and an agreement between the prosecution and defence cannot bind the court. The [[Crown Prosecution Service]] is required to prosecute an offence only where there is a realistic prospect of conviction, so greater charges cannot lawfully be used in bad faith to intimidate the defendant into accepting the charge actually sought.
A defendant is permitted to plead guilty to some charges listed on the charge sheet or indictment and deny others, and the prosecution may agree to accept this plea and drop the denied charges; such an agreement will generally be accepted by the court as it serves the public interest, as well as the defendant's and victims' interests, to avoid the expense and stress of a trial. The defendant may also plead guilty on the basis of accepted facts that may affect sentencing while denying others, but the Sentencing Council stresses that the prosecution should accept such a plea only if it enables the court to impose a sentence and make other ancillary orders that are appropriate for the seriousness of the offence, and never merely for the sake of convenience. The prosecution must also take the victims' views into account.<ref>{{Cite web |url=http://www.cps.gov.uk/publications/code_for_crown_prosecutors/guiltypleas.html |title=Code for Crown Prosecutors – Accepting Guilty Pleas |publisher=Crown Prosecution Service |access-date=2013-11-21 |url-status=live |archive-url=https://web.archive.org/web/20130828213532/http://www.cps.gov.uk/publications/code_for_crown_prosecutors/guiltypleas.html |archive-date=2013-08-28 }}</ref>
In cases before the Crown Court, the defendant can request an indication from the judge of the likely maximum sentence that would be imposed should the defendant decide to plead guilty. Following the rule in ''[[R v Goodyear]]'', it is only appropriate to give such an indication if requested by the defence with the defendant's written authorization; such indication is treated as binding on the court, but only if the defendant actually pleads guilty, and cannot prevent the sentence being [[Criminal Justice Act 1988#Unduly lenient sentences|appealed as unduly lenient]].<ref>{{cite BAILII |litigants=R v Goodyear |year=2005 |court=EWCA |division=Crim |courtname=auto |juris=auto |num=888 |date=19 April 2005 |access-date=2013-11-21}}</ref><ref>{{Cite web |url=http://www.hse.gov.uk/enforce/enforcementguide/court/crown-court.htm |title=At the Crown Court – Court Stage – Enforcement Guide (England & Wales) |publisher=Health and Safety Executive |access-date=2012-07-31 |url-status=live |archive-url=https://web.archive.org/web/20120709015904/http://www.hse.gov.uk/enforce/enforcementguide/court/crown-court.htm |archive-date=2012-07-09 }}</ref>
In the case of hybrid offences in England and Wales, the decision whether to deal with a case in Magistrates' Court or Crown Court is not made by magistrates until after a plea has been entered. A defendant is thus unable to plead guilty in exchange for having a case dealt with in Magistrates' Court (which has lesser sentencing powers).▼
▲In the case of
Where the defendant pleads guilty or indicates an intention to do so, the guidelines set by the [[Sentencing Council]] typically require that they receive a discount on the sentence, with the amount of discount depending on the timing:
*Indicating a guilty plea at the first opportunity (typically the committal hearing in the magistrates' court): one third
*Pleading guilty at a later hearing in the magistrates' court, or at the first hearing in crown court (typically the plea and case management hearing): one quarter
*Pleading guilty on the first day of trial: one tenth
The discount can sometimes involve changing the type of punishment, such as substituting a prison sentence for [[Community service#Court ordered service|community service]].<ref name="SentencingCouncil"/> For some offences where a mandatory minimum sentence applies, section 73 of the [[Sentencing Act 2020]] permits the sentence to be reduced this way up to 20 percent below the minimum.<ref name="2020c17s73"/>
Section 73 requires the court to take into account the circumstances under which an indication to plead guilty was made in addition to its timing.<ref name="2020c17s73">{{cite legislation UK |type=act |year=2020 |chapter=17 |section=73 |act=Sentencing Act 2020}}</ref>
===India===
Plea bargaining was introduced in India by ''The Criminal Law (Amendment) Act, 2005'', which amended the [[Criminal Procedure Code of India|Code of Criminal Procedure]] and introduced a new chapter, XXI(A), in the code, enforceable from July 5, 2006.<ref name="Act 2 of 2006">{{cite web|title=The Criminal Law (Amendment) Act, 2005|url=https://indiankanoon.org/doc/1732853/|website=India Kanoon|access-date=28 June 2017|url-status=live|archive-url=https://web.archive.org/web/20171109022349/https://indiankanoon.org/doc/1732853/|archive-date=9 November 2017}}</ref><ref>{{cite news|title=Plea bargaining comes into effect|url=http://www.thehindu.com/todays-paper/tp-national/plea-bargaining-comes-into-effect/article3101111.ece|access-date=28 June 2017|agency=The Hindu|date=6 July 2006|url-status=live|archive-url=https://web.archive.org/web/20171109022320/http://www.thehindu.com/todays-paper/tp-national/plea-bargaining-comes-into-effect/article3101111.ece|archive-date=9 November 2017}}</ref> It allows plea bargaining for cases in which the maximum punishment is imprisonment for seven years or less; however, offenses affecting the socio-economic condition of the country and offenses committed against a woman or a child below 14 are excluded.<ref name="Act 2 of 2006"/>
In 2007, the Sakharam Bandekar case became the first such case in India where the accused, Sakharam Bandekar, requested lesser punishment in return for confessing to his crime (using plea bargaining). However, the court rejected his plea and accepted the [[Central Bureau of Investigation|CBI]]'s argument that the accused was facing serious charges of corruption.<ref>{{cite news|title=First plea bargaining case in city|url=http://timesofindia.indiatimes.com/city/mumbai/First-plea-bargaining-case-in-city/articleshow/2458523.cms?referral=PM|access-date=28 June 2017|newspaper=Times of India|date=15 October 2007|url-status=live|archive-url=https://web.archive.org/web/20171019182743/https://timesofindia.indiatimes.com/city/mumbai/First-plea-bargaining-case-in-city/articleshow/2458523.cms?referral=PM|archive-date=19 October 2017}}</ref> Finally, the court [[convicted]] Bandekar and sentenced him to three years' imprisonment.<ref>{{cite news|title=RBI clerk sent to 3 yrs in jail|url=http://timesofindia.indiatimes.com/city/mumbai/RBI-clerk-sent-to-3-yrs-in-jail/articleshow/2461828.cms?referral=PM|access-date=28 June 2017|newspaper=Times of India|date=16 October 2007|url-status=live|archive-url=https://web.archive.org/web/20171019182751/https://timesofindia.indiatimes.com/city/mumbai/RBI-clerk-sent-to-3-yrs-in-jail/articleshow/2461828.cms?referral=PM|archive-date=19 October 2017}}</ref>
In December 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) was passed, to replace Code of Criminal Procedure by July 2024, which allows first time offender to be given relaxed punishment (one-fourth and one-sixth of such punishment) in plea bargaining.<ref>{{Cite web |date=2023-12-21 |title=Lok Sabha passes three criminal law Bills: Here are the key changes |url=https://indianexpress.com/article/india/criminal-law-bills-bharatiya-nyaya-sanhita-key-changes-highlights-9077165/ |access-date=2024-06-16 |website=The Indian Express |language=en}}</ref>
===Pakistan===
Line 105 ⟶ 103:
In other cases, formal plea bargains in Pakistan are limited, but the prosecutor has the authority to drop a case or a charge in a case and, in practice, often does so, in return for a defendant pleading guilty on some lesser charge. No bargaining takes place over the penalty, which is the court's sole privilege.{{citation needed|date=November 2019}}
▲===United States===
▲{{Main|Plea bargaining in the United States}}
▲Plea bargaining is a significant part of the criminal justice system in the United States; the vast majority (roughly 90%)<ref>{{Cite journal |title=Plea Bargaining and Its History |first=Albert W. |last=Alschuler |journal=[[Columbia Law Review|Colum. L. Rev.]] |year=1979 |volume=79 |issue=1 |pages=1–43 |jstor=1122051 |doi=10.2307/1122051 |url=https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=2005&context=journal_articles }}</ref> of criminal cases in the United States are settled by plea bargain rather than by a [[jury trial]].<ref>[https://www.pbs.org/wgbh/pages/frontline/shows/plea/interviews/mcspadden.html Interview with Judge Michael McSpadden] {{webarchive|url=https://web.archive.org/web/20171010131431/https://www.pbs.org/wgbh/pages/frontline/shows/plea/interviews/mcspadden.html |date=2017-10-10 }} PBS interview, December 16, 2003</ref> Plea bargains are subject to the approval of the court, and different states and jurisdictions have different rules. The [[Federal Sentencing Guidelines]] are followed in federal cases and have been created to ensure a standard of uniformity in all cases decided in the federal courts. A two- or three-level offense level reduction is usually available for those who [[accept responsibility]] by not holding the prosecution to the burden of proving its case; this usually amounts to a complete sentence reduction had they gone to trial and lost.<ref>{{Citation|volume=54|publisher=Stan. L. Rev.|page=311|date=2001–2002|title=Apprendi and the Dynamics of Guilty Pleas|author=Bibas, Stephanos|url=http://heinonlinebackup.com/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/stflr54§ion=17|url-status=live|archive-url=https://web.archive.org/web/20120118234257/http://heinonlinebackup.com/hol-cgi-bin/get_pdf.cgi?handle=hein.journals%2Fstflr54§ion=17|archive-date=2012-01-18}}</ref>
▲The [[Federal Rules of Criminal Procedure]] provide for two main types of plea agreements. An 11(c)(1)(B) agreement does not bind the court; the prosecutor's recommendation is merely advisory, and the defendant cannot withdraw their plea if the court decides to impose a sentence other than what was stipulated in the agreement. An 11(c)(1)(C) agreement, however, binds the court once the court accepts the agreement. When such an agreement is proposed, the court can reject it if it disagrees with the proposed sentence, in which case the defendant has an opportunity to withdraw their plea.<ref>{{cite web|title=Federal Rules of Criminal Procedure, Rule 11. Pleas|url=https://www.law.cornell.edu/rules/frcrmp/rule_11|website=Legal Information Institute|publisher=Cornell Law School|access-date=28 June 2017|url-status=live|archive-url=https://web.archive.org/web/20170729182541/https://www.law.cornell.edu/rules/frcrmp/rule_11|archive-date=29 July 2017|date=2011-11-30}}</ref>
▲Plea bargains are so common in the [[Superior Courts of California]] (the general trial courts) that the [[Judicial Council of California]] has published an optional seven-page form (containing all mandatory advisements required by federal and state law) to help prosecutors and defense attorneys reduce such bargains into written plea agreements.<ref>See [http://www.courtinfo.ca.gov/forms/documents/cr101.pdf Form CR-101, Plea Form With Explanations and Waiver of Rights-Felony] {{webarchive|url=https://web.archive.org/web/20091009133217/http://www.courtinfo.ca.gov/forms/documents/cr101.pdf |date=2009-10-09 }}, [[Judicial Council of California]].</ref>
▲Certain aspects of the American justice system serve to promote plea bargaining. For example, the adversarial nature of the U.S. criminal justice system puts judges in a passive role, in which they have no independent access to information with which to assess the strength of the case against the defendant. The prosecutor and defense may thus control the outcome of a case through plea bargaining. The court must approve a plea bargain as being within the interests of justice.
▲The lack of [[compulsory prosecution]] also gives prosecutors greater discretion as well as the inability of crime victims to mount a [[private prosecution]] and their limited ability to influence plea agreements.<ref>{{Citation|title=The Entrenched Position of Plea Bargaining in United States Legal Practice|author=JE Ross|year=2006|pages=717–732|journal=[[American Journal of Comparative Law]] |volume=54|jstor=20454559|doi=10.1093/ajcl/54.suppl1.717}}</ref> Defendants who are held in custody—who either do not have the right to bail or cannot afford bail, or who do not qualify for release on their own recognizance—may get out of jail immediately following the judge's acceptance of a plea.<ref>{{cite news|last1=Raphling|first1=John|title=Plead guilty, go home. Plead not guilty, stay in jail|url=https://www.latimes.com/opinion/op-ed/la-oe-raphling-bail-20170517-story.html|access-date=19 November 2017|work=Los Angeles Times|date=17 May 2017|url-status=live|archive-url=https://web.archive.org/web/20171118173541/http://www.latimes.com/opinion/op-ed/la-oe-raphling-bail-20170517-story.html|archive-date=18 November 2017}}</ref>
▲Generally, once a plea bargain is made and accepted by the courts, the matter is final and cannot be appealed. However, a defendant may withdraw his plea for certain legal reasons,<ref>{{cite web |url=http://wispd.org/attachments/article/230/Substantive%20Claims%20and%20New%20Developments%20in%20Appeals%20of%20Plea%20Cases.pdf |title=Home |access-date=2017-11-04 |url-status=live |archive-url=https://web.archive.org/web/20170517062308/http://wispd.org/attachments/article/230/Substantive%20Claims%20and%20New%20Developments%20in%20Appeals%20of%20Plea%20Cases.pdf |archive-date=2017-05-17 }}</ref> and a defendant may agree to a "conditional" plea bargain, whereby they plead guilty and accept a sentence, but reserve the right to appeal a specific matter (such as violation of a constitutional right). If the defendant does not win on appeal the agreement is carried out; if the defendant is successful on appeal the bargain is terminated. The defendant in ''[[Doggett v. United States]]'' made such a bargain, reserving the right to appeal solely on the grounds that he was not given a speedy trial as required by the United States Constitution; Doggett's claim was upheld by the United States Supreme Court and he was freed.
===Other common law jurisdictions===
Line 111 ⟶ 123:
==Use in civil law countries==
{{More citations needed section|date=January 2009}}
Plea bargaining is extremely difficult in jurisdictions based on the [[Civil law (legal system)|civil law]]. This is because, unlike [[common law]] systems, civil law systems have no
===Brazil===
Line 120 ⟶ 132:
===China===
In China, a plea bargaining [[pilot scheme]] was introduced by the [[Standing Committee of the National People's Congress]] in 2016.<ref>{{cite news|title=China passes pilot program for plea bargains|url=https://www.reuters.com/article/us-china-courts-plea-bargains/china-passes-pilot-program-for-plea-bargains-idUSKCN11904W?il=0|newspaper=Reuters|access-date=20 January 2018|date=3 September 2016|url-status=live|archive-url=https://web.archive.org/web/20180220152447/https://www.reuters.com/article/us-china-courts-plea-bargains/china-passes-pilot-program-for-plea-bargains-idUSKCN11904W?il=0|archive-date=20 February 2018}}</ref> For defendants that face jail terms of three years or fewer, agrees to plead guilty voluntarily and agree with prosecutors' crime and sentencing proposals are given mitigated punishments.<ref>{{cite web|title=China Focus: China considers plea bargaining in criminal cases|url=http://www.xinhuanet.com/english/2016-08/29/c_135642723.htm|website=Xinhua|access-date=20 January 2018|date=8 September 2016|url-status=
===Denmark===
Line 126 ⟶ 138:
If a defendant admits to having committed a crime, the prosecution does not have to file charges against them, and the case can be heard as a so-called "admission case" (Danish: ''tilståelsessag'') under {{nowrap|§ 831}} of the [[Administration of Justice Act (Denmark)|Law on the Administration of Justice]] (Danish: ''Retsplejeloven'') provided that: the confession is supported by other pieces of evidence (meaning that a confession is not enough to convict someone on its own); both the defendant and the prosecutor consent to it; the court does not have any objections; §§ 68, 69, 70 and 73 of the penal code do not apply to the case.{{Efn|These sections relate to sentencing of intellectually disabled and mentally ill individuals, as well as indefinite imprisonment.<ref name="danishpenalcode" />}}<ref name="DKADMJUSTICE">{{cite web |url=https://www.retsinformation.dk/Forms/R0710.aspx?id=183537 |title=Retsplejeloven |language=da |trans-title=Law on the Administration of Justice |author=Department of Civil Affairs |work=Retsinformation |publisher=[[Ministry of Justice (Denmark)|Danish Ministry of Justice]] |date=2016-10-28 |url-status=live |archive-url=https://web.archive.org/web/20170411054831/https://www.retsinformation.dk/Forms/R0710.aspx?id=183537 |archive-date=2017-04-11 }}</ref>
===France===
Line 191 ⟶ 200:
===Japan===
In [[law of Japan|Japan]], plea bargaining was previously forbidden by law, although sources reported that prosecutors illegally offered defendants plea bargains in exchange for their confessions.<ref>{{cite news |title=The Way We Live Now: 9-29-02: Crash Course; Plea Bargain |date=September 29, 2002 |first=Dirk |last=Olin |work=[[The New York Times]] |url=https://www.nytimes.com/2002/09/29/magazine/the-way-we-live-now-9-29-02-crash-course-plea-bargain.html |access-date=February 13, 2014 |url-status=live |archive-url=https://web.archive.org/web/20140309100704/http://www.nytimes.com/2002/09/29/magazine/the-way-we-live-now-9-29-02-crash-course-plea-bargain.html |archive-date=March 9, 2014 }}</ref><ref>{{cite book
|title=The Japanese Way of Justice : Prosecuting Crime in Japan |url=https://books.google.com/books?id=qIHNWWx0ZOIC&pg=PA245 |first=David T. |last=Johnson |year=2002 | publisher=Oxford University Press |access-date=February 13, 2014 |isbn=9780195344233 }}</ref><ref>{{cite journal |url=http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=2844&context=llr |journal=[[Loyola Law School]] |date=November 14, 2013 |title=Peeking Behind the Plea Bargaining Process: ''Missouri v. Frye'' & ''Lafler v. Cooper'' |access-date=February 13, 2014 |first=Laurie L. |last=Levenson |url-status=live |archive-url=https://web.archive.org/web/20140221175643/http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=2844&context=llr |archive-date=February 21, 2014 }}</ref><ref>{{cite book
|title=International Criminal Procedure: The Interface of Civil Law and Common Law Legal Systems |editor1=Linda Carter |editor2=Fausto Pocar |chapter-url=https://books.google.com/books?id=kudSfeIbRk0C&pg=PA40 |location=[[London]] |year=2013 |publisher=Edward Elgar Publishing Ltd |page=40 |chapter=Plea bargaining |first=Jenia I. |last=Turner |isbn=9780857939586 |access-date=February 13, 2014 }}</ref>
Line 199 ⟶ 208:
===Poland===
Poland also adopted a limited form of plea bargaining, which is applicable only to minor felonies (punishable by no more than 10 years of imprisonment). The procedure is called
There are some specific conditions that have to be simultaneously met:
* the defendant pleads guilty and proposes a penalty,
Line 208 ⟶ 217:
===Spain===
Spain has relatively recently adopted a limited form of plea bargaining and the procedure is called a "conformity sentence" meaning the accused is in agreement and can only be used in minor charges but not in serious charges where nine or more years of prison may be imposed.
==See also==
| |||