What is the federal system of plea bargaining?
Plea bargaining is a common practice in the federal system of criminal justice. It is a negotiation process between a defendant and a prosecutor where the defendant agrees to plead guilty in exchange for some form of reduced charges or lesser sentence. In the federal system, plea bargaining occurs in two main forms: charge bargaining and sentence bargaining. Charge bargaining occurs when a defendant and prosecutor negotiate over the charges that the defendant will plead guilty to. This type of plea bargaining typically involves the defendant entering a plea of guilty to a lesser charge with the expectation that the prosecutor will drop the remaining charges. Sentence bargaining occurs when the defendant and the prosecutor negotiate a reduced sentence in exchange for the defendant’s plea of guilty. In the federal system, plea bargaining allows a prosecutor to avoid the risk and expense of a full trial, while providing the defendant with the opportunity to plead guilty to a lesser charge or receive a reduced sentence. The United States Supreme Court has held that plea bargaining is an essential component of the American criminal justice system. In Florida, plea bargaining is governed by state statute 919.43, which sets forth the procedures for plea bargaining in the federal courts.
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