Ground Report

<div style="margin: 0in 0in 0pt">Plea bargain is a concurrence between the defense and prosecution (the state) before a conviction is reached.&nbsp;The defendant pleads guilty to the charges in return for a lesser sentence, conviction or even for sentence leniency.&nbsp;Defendants must weigh the pros and cons whether or not they are guilty.&nbsp;They must also reflect on how good the evidence is against them.&nbsp;They must also be conscious of the Constitutional rights they are being asked to give up in lieu of pleading guilty.</div>
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<div style="margin: 0in 0in 0pt">A prosecutor&rsquo;s point of view, the plea bargain is a trouble-free way to draw to a close the criminal case to conclusion.&nbsp;The prosecutor does not have to provide evidence for the case at hand beyond a shadow of a doubt. &nbsp;The effectiveness of a prosecutor is characteristically measured by how many victorious convictions of the criminal cases they can receive.&nbsp;</div>
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<div style="margin: 0in 0in 0pt">There are four distinctive types of Plea bargains and are listed below.</div>
<ol style="margin-top: 0in" type="1">
<li style="margin: 0in 0in 0pt">Implicit Plea is where the defendant pleads guilty with the assumption the defendant will receive a lighter sentence.</li>
<li style="margin: 0in 0in 0pt">Sentence Recommendation is when the defendant gives a guilty plea and the prosecutor recommends a sentence to be carried out.</li>
<li style="margin: 0in 0in 0pt">Charge reduction-the prosecutor offers a charge reduction in exchange for a guilty plea.</li>
<li style="margin: 0in 0in 0pt">Judicial- the judge offers a specific guilty plea offer.</li>
</ol>
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<div style="margin: 0in 0in 0pt">If the judge does not approve the agreement, the defendant may extract the guilty plea.&nbsp;The judge must approve or disapprove the plea agreement .The judge must also be sure the defendant understands each of the Constitutional rights that the defendant is giving up and that a factual basis exists for the charge.&nbsp;This must be done in open court.</div>
<div style="margin: 0in 0in 0pt">&nbsp;<span style="font-size: 12pt; font-family: ‘Times New Roman’">In federal cases, the judges are not permitted to make plea bargains or do any negotiating with plea-bargaining.&nbsp;(18 U.S.C. Fed.R. CRIM.PR 11)</span></div>