1. PROSECUTORIAL DISCRETION: Plea Bargaining By: Katie Cobb and Summer Bailey

2. Prosecutorial discretion • The use of prosecutorial discretion within the court system allows the prosecutor the freedom or authority to make judgments based on the existing circumstances as he or she perceives them. • One of the most used forms of prosecutorial discretion is the plea bargaining.

3. Plea Bargaining • Plea bargain gives the prosecutor the ability to accept a guilty plea on a lesser charge than that was originally brought. • <90% of all criminal cases are disposed of through guilty pleas. • Although the use of plea bargaining has both a positive and negative side, the courts have come to accept guilty pleas and plea bargaining as part of the criminal justice system.

4. Plea Agreement • A plea agreement is usually reached after the prosecution and defense discuss the issues at hand, where the prosecution will normally offer possible solutions. • A reduction in charge • Dismissal of other pending charges • A promise to recommend or not contest a particular sentence. • A stipulation that a particular sentence is the appropriate disposition. • The defendant decides whether to take the plea of guilty based on given offers.

5. Types of Guilty Pleas • There are two types of guilty pleas for a defendant • Common plea of GUILTY • Plea of nolo contendere, which is the same as guilty plea, except it cannot be used against a defendant as an admission of guilt in a subsequent civil case.

6. DefendantBenefits of Plea Bargaining • Lessens the time and money spent on defendants defending themselves at trial • Lessens the risk of harsher punishment • Avoids the publicity that is sometime involved with a public trial.

7. Court Systembenefits of Plea Bargaining • The system is already over burdened with cases and if there were no plea bargains, the courts would have to conduct a trial on every crime that was charged.