Britannica
Sources used in this answer
Why might a guilty defendant want to avoid a public trial?
Created from Britannica articles
using AI.
AI can make mistakes, so verify using Britannica articles.
Plea bargaining
A scene of the trials in Salem Village, Massachusetts Bay Colony, hand-colored engraving.
A guilty defendant may choose to avoid a public trial through plea bargaining for several strategic and personal reasons:
- Limiting Sanctions: Defendants can negotiate to reduce the severity of their penalties and add certainty to an otherwise unpredictable legal process.1
- Avoiding Stigma: Trials are open to the public and may be reported by the media; some defendants plead guilty specifically to avoid this public scrutiny and the associated stigma.1
- Mitigating Risk: Trials carry no guarantee of success. By bargaining, a defendant avoids the risk of a complete loss at trial, which could result in harsher sentencing.1
- Expediency: For defendants who have been detained before trial, accepting a bargain—such as an offer of "time served"—can be a way to secure an immediate release from jail.1
While public trials are a fundamental protection intended to ensure transparency, they can sometimes attract intense media attention in spectacular cases, which may work to the detriment of the defendant. Consequently, plea bargaining serves as a mechanism for defendants to manage these risks and gain more control over the outcome of their cases.21