What is the federal system of plea bargaining?
Plea bargaining is a process used in the federal system to allow a defendant to plead guilty to a lesser offense or to have a charge reduced in exchange for a guilty plea. It is a form of negotiation between prosecutors and defendants that allows both parties to avoid the uncertainty of a trial. The most common type of plea bargain is the “charge bargain,” in which prosecutors reduce the charge or the potential sentence in exchange for a guilty plea. Other types of plea bargains include “sentence bargains,” in which the court sentences the defendant to a lesser sentence than the original charge, and “fact bargains,” in which prosecutors agree to limit the evidence they present in court. In New York, the federal court system uses plea bargaining to dispose of a large number of cases before they go to trial. The Federal Rules of Criminal Procedure allow prosecutors to charge and negotiate with defendants, and judges can accept or reject any agreement that is reached. Plea bargaining is not without its critics. Some have argued that it is unfair to those who lack the resources to hire a good attorney, and that plea bargains are often used to pressure defendants into pleading guilty despite their innocence. However, federal prosecutors in New York are required to comply with the ethical guidelines of the U.S. Attorney’s Office, which places strict limits on how plea bargains can be used.
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