ABSTRACT
One of the most common yet controversial aspects of the US criminal justice system is the process of plea bargaining. Plea bargaining is the process through which defendants plead guilty to a criminal charge with the expectation that they will receive some form of leniency from the state. The criminal justice system is designed to screen out weak cases early in the process. In fact, almost 90 percent of criminal cases are resolved by plea bargaining. In federal courts, the massive number of liquor prosecutions stemming from prohibition led to the formal practice of plea bargaining during the 1920s. If there is a heavy caseload and few resources, plea bargaining offers an efficient way to manage the caseload. The US Supreme Court has sanctioned the practice of plea bargaining. In Brady v. United States, 397 US 742, the Court recognized the positive aspects of plea bargaining by pointing out that the practice benefits both sides in the adversary system.
