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Plea and Charge Bargaining - Bureau of Justice Assistance
bja.ojp.govdefendant with an opportunity to plead guilty to a lesser charge or to the original charge with less than the maximum sentence. In theory, the charge presented limits the penalties faced if the defendant decides to go to trial. While being found innocent or being acquitted is, of course, the best way for defendants to avoid jail time and other
1. Fundamental Principles & Concepts
www.ibat.ieIf an accused argues that he is unfit to plead then he must prove that unfitness on the balance of probabilities. If an accused raises the defence of insanity or diminished responsibility he must prove, on the balance of probabilities that he was insane at the time of committing the offence. These defences will be considered later in the course.