Not exactly a true statement AND the term "relatively few" is open to debate.
Plea bargaining occurs in criminal cases.
Pleas bargains are generally offered by the District Attorney's office.
Approximately 2 of cases in the legal system go to trial, with the majority being resolved through settlements or plea bargains.
Approximately 2-3 of criminal cases actually go to trial, with the majority being resolved through plea bargains or settlements.
Approximately 90% of all federal sentences are the result of guilty pleas.
No. AND - plea bargains are not guaranteed! The prosecutopr is offering you something in exhange for information or help you're going to give him. I have seen judge's throw out plea bargain agreements because they believed the defendant was getting off too easy.
Plea bargaining can be beneficial for both the victim and the perpetrator in some cases by avoiding the trauma of a trial and securing a quicker resolution. However, some victims may feel that plea bargains do not adequately punish the offender or provide them with the closure they seek. Ultimately, the fairness of a plea bargain to the victim depends on the individual circumstances of the case.
A plea bargain is a 'deal' made between the prosecutor and the defendant. Judges have nothing to do with plea bargains - as a matter of fact judges don't even have to abide by them.
From the prosecution's point of view, plea bargains are sometimes offered to obtain testimony from the accused that could lead to a conviction in another, presumably higher-profile, case. For example, a hit man could plea bargain and have his own sentence reduced from murder to manslaughter if he agrees to testify against the crime boss who hired him. The prosecution may also offer a plea bargain to reduce court time or to show mercy to an accused. The defense is interested in plea bargains to eliminate or reduce the risk of a severe sentence following a potential conviction.
You (or your attorney-which I would highly recommend) offer to enter into a plea bargain with the prosecutor. It usually works that if you offer the prosecutor a guilty plea to a lesser offense, and without going to trial, -or- offer the prosecutor and law enforcemnent information that they may be interested in knowing - you MAY get the offer of a plea to a lesser offense. WARNING: Plea Bargains are not set in stone, it is a deal between only you and the prosecutor. I have seen plea bargains fall apart when the judge, seeing the seriousness of your originally charged offense, sees the lesser plea, and refuses to honor it.
Usually only one - take it or leave it - unless you really have something to bargain with.
It could be. Reduced charges and plea bargains are at the prosecutors discretion and the judges acceptance.