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How does sentence bargaining work in a criminal case?
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Plea bargaining
A scene of the trials in Salem Village, Massachusetts Bay Colony, hand-colored engraving.
Sentence bargaining is a form of plea bargaining in which a defendant receives assurances of a lighter or alternative sentence in exchange for pleading guilty.1
This process functions as a negotiation between the prosecution and the defense to reach a mutually acceptable outcome, effectively removing the uncertainty of a trial. Common examples include:12
- Avoiding harsher penalties: Defendants may plead guilty to a charge specifically to avoid more severe consequences, such as the death penalty.1
- Time served: In less-serious cases, a defendant might agree to a plea in exchange for a sentence of "time served," which generally results in their immediate release from custody.1
While these agreements must be approved by a judge, the practice allows the parties to share the responsibility for sentencing and provides defendants with more certainty regarding their legal outcome. By avoiding the time and expense of a trial, sentence bargaining serves as a primary tool for managing court resources and caseloads.21