Plea Bargaining is an important part of the criminal justice system in the United States; the vast majority (about 90%)[19] of criminal cases in the United States are settled by Plea Bargain and not by a jury. [20] Plea Bargains are subject to court approval and different states and jurisdictions have different rules. Federal sentencing guidelines are followed in federal matters and were created to ensure a uniform standard in all cases tried by federal courts. A reduction of two or three levels of criminal offences is generally available for those who assume responsibility by not making the Public Prosecutor`s Office responsible for the burden of proof of their case; This usually amounts to a total reduction in sentences if they had been brought to justice and lost. [21] Jean H. Langbein argues that the modern American pleading system is comparable to the medieval European torture system: although Plea Bargaining allows the criminal justice system to preserve resources, pleadings are controversial. Some commentators reject Plea Bargains, arguing that Plea Bargains allows defendants to escape responsibility for the crimes they have committed. Others argue that pleadings are too restrictive and undermine important constitutional rights. The pleadings require the defendants to waive three rights protected by the fifth and sixth articles of the Constitution: the right to a jury trial, the right against self-office, and the right to confront witnesses. However, in many cases (such as Brady v. United States, 397 U.S.

742 (1970), the Supreme Court has ruled that Plea Bargaining is constitutional. However, the Supreme Court has ruled that the guilt charges of the accused must be voluntary and that the accused can only plead guilty if they know the consequences. McCarthy v. United States 394 U.S. 459 (1969). The court may accept an agreement to drop the charge or an agreement not to pursue possible charges if the remaining charges reflect the seriousness of the actual offending conduct. This requirement does not allow judges to enter the prosecutor`s margin of appreciation. If the government`s request to dismiss the charge or say that possible charges are not being followed does not depend on the decision on the remaining charges, the judge should leave himself on the government`s position, except in exceptional circumstances. Rule 48(a), Fed.

R. Crim. P. However, if the dismissal of charges or the agreement not to prosecute potential charges is subject to the adoption of a pleading agreement, the power of the court to rule on guilt and impose a sentence is affected and the court must determine whether or not the dismissal of the charge violates criminal guidelines. If the accused of last is the reinforcement that the sentence that would be pronounced concretely is less than five years of imprisonment (or that it is only a fine), the accused can ask to negotiate with the prosecutor. The defendant is rewarded with a reduction in the penalty and has other benefits (for example. B that the defendant does not pay the costs for the proceedings). .

. .