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What Is Meant by Plea Bargaining? How Are Inculpatory and Exculpa¬Tory Evidence Related to Plea Bargaining?

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Submitted By ronnie1722
Words 397
Pages 2
Plea bargaining is an agreement in a criminal case where the prosecutor offers the defendant the opportunity to plead guilty to either a lesser charge, or to the original criminal charge with a recommendation of a lighter than the maximum sentence. A plea bargain allows criminal defendants to avoid the risk of conviction at trial on the more serious charge. For example, a criminal defendant charged with a felony theft charge could possible be convicted, which would carry a prison sentence. A prosecutor may offer the opportunity to plead guilty to a misdemeanor theft charge, which may not carry jail time. In cases such as an automobile accident when there is a potential for civil liability against the defendant, the defendant may agree to plead no contest or "guilty with a civil reservation." This is basically a guilty plea without admitting civil liability. Plea bargaining can be a problem for a defense attorneys as they must choose between seeking a good deal for their present client, and maintaining a good relationship with the prosecutor, for the sake of helping future clients. Exculpatory evidence is evidence that is favorable to the defendant in a criminal trial, as it tends to clear the defendant of guilt. In many countries such as the United States, police or prosecutors are not required to disclose to the defendant any exculpatory evidence they possess before the defendant makes a plea (guilty or not guilty). In the case of Brady v. Maryland, prosecutors have a duty to disclose exculpatory evidence even if not requested. Though it is true that the prosecution is not required to search for exculpatory evidence and must only disclose the evidence it has in its possession, custody or control, the prosecution's duty to disclose includes all information known to all members of its team, e.g., police, investigators,

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