What is the federal system of plea bargaining?
Plea bargaining is a process that occurs in the federal criminal justice system. It is a negotiation between defendants and prosecutors that result in a guilty plea to a lesser offense in exchange for a reduced punishment. It is an agreement made prior to a trial and often involves the defendant pleading guilty to a lower charge than originally charged. In the state of Utah, plea bargaining in the federal criminal justice system is governed by the United States Attorney’s Manual. This manual outlines the procedures for both parties to enter into the plea bargaining process in order to reach an appropriate agreement. It sets out the general policies that are to be followed and provides guidelines for prosecutors when considering offers and advice for defense attorneys when negotiating agreements. Typically, negotiations between a defendant and prosecutor may lead to the defendant receiving a lesser sentence, or even avoiding jail time. A defendant may plead guilty to a lesser charge that carries a less severe punishment so that the defendant is not facing a felony conviction and harsher sentencing. This also avoids a long, expensive trial and can provide relief to a defendant. In the final plea agreement, it must be approved by a federal judge in order for it to be valid. The judge will take into consideration any mitigating and/or aggravating circumstances which may influence the sentencing of the defendant. Ultimately, the judge needs to make sure that the agreement is within the court’s sentencing guidelines and is also reasonable.
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