Insight

The Impact of Plea Bargains in Criminal Cases in the U.S.

Best Lawyers highlights why plea bargains have risen to such prevalence, quickly becoming an essential part of the criminal justice system in the U.S.

Client and attorney stand before judge in a courtroom
Best Lawyers

Best Lawyers

June 6, 2023 01:22 PM

In its simplest form, a plea bargain is when both parties involved, the prosecution and the defense, manage to come to an agreement that allows the accused to plead guilty, in turn receiving a smaller criminal charge or a reduced sentence in exchange for avoiding a trial. In recent years, plea bargains have slowly but surely become an essential part of the criminal justice system in the U.S.

Although this may quickly expedite an otherwise burdensome legal process, plea bargains also raise concerns about fairness, transparency and legal consequences left unattended. In this article, we’ll explore the impact of plea bargains on the U.S. legal and criminal justice system, offering some key insights as to why it has become the default solution.

What Are the Pros and Cons of Plea Bargaining?

As is the case with any other legal practice, there are several pros and cons to plea bargaining. The main pro comes in the form of efficiency since the primary goal of a plea bargain is to save both time and money by avoiding a trial. Additionally, plea bargains can quickly provide closure for both the victims and their families, but sometimes this comes at a cost. The cons include that it can often result in a miscarriage of justice, leading to innocent individuals pleading guilty to crimes they didn’t commit, undermining the public’s trust in the judicial system.

Do Most Criminal Cases End in Plea Bargains?

Believe it or not, a vast majority of criminal cases in the U.S. result in plea bargains. According to a recent report by the American Bar Association, in any given year, roughly 98% of cases in the U.S. federal courts system are resolved via plea bargains. Plea bargaining is often seen as a cost-effective and efficient way of resolving criminal issues. Lawmakers and legal critics alike argue that plea bargaining can lead to many disparities in criminal sentencing. Despite these overarching concerns and legal drawbacks, plea bargaining remains a prevalent practice in the U.S. judicial system.

Why Are Plea Bargains Such a Large Part of the Criminal Justice System?

Plea bargains remain a large part of the criminal justice system for several reasons. As such a common occurrence, plea bargains provide benefits for all parties involved. As previously stated, plea bargains offer the prosecution an easy way of securing a conviction without the hassle of wasted time, legal expenses and the uncertainty of bringing a case to trial. Due to this, plea bargains are used to significantly reduce the backlog of criminal cases brought before the courts. As debate within the legal community over its use continues, the U.S. government must work towards a system that promotes fairness and is just and equitable for all parties involved.

Headline Image: Adobe Stock/Gorodenkoff

Related Articles

IN PARTNERSHIP

What Is a Criminal Defense Attorney and When Do You Need One?


by Cody Cofer

A criminal defense attorney does everything legally necessary to help you get a favorable outcome for your charges, such as a dismissal. Learn more here.

Figure standing behind prison bars

IN PARTNERSHIP

Breaking Down Criminal Conviction in Canada


by Mass Tsang

Statistics Canada’s annual breakdown of adult criminal court data provides an eye-opening review of how the country’s court system resolves its hundreds of thousands of cases annually.

Canada's Criminal Court Patterns Are Changing

IN PARTNERSHIP

Get a Lawyer


by Anne M. Collart and Ricardo Solano Jr.

When a subpoena arrives, having counsel can save time and money and also protect your rights.

Woman with glasses reading a document

IN PARTNERSHIP

Why Refusing a Blood Alcohol Test Might Be Safest


by Charles E. Tiernan III

A seasoned criminal defense and OUI lawyer explains why refusing to take a blood alcohol test after an OUI arrest may be the safest option for the arrestee.

Gloved hand holding vial of blood for alcohol test

IN PARTNERSHIP

The Current Situation for Asylum Seekers in the U.S.


by Murali Bashyam and Allison Lukanich

The U.S. asylum system has a staggering over 1.3 million cases pending before immigration courts and the government must distribute more resources to aid this watershed and resolve asylum claims faster.

Shadow of person standing by broken chain link fence

IN PARTNERSHIP

A Beacon of Excellence in Criminal Defense


by Nicole Deborde Hochglaube

Nicole Hochglaube has built her firm and practice on fierce advocacy for her clients, and her excellence and work in Texas are highlighted through her awards and success.

People in business suits standing in a line clapping

IN PARTNERSHIP

Don’t Cross the Line


by John R. Mitchell and Mira Aftim

Settlement negotiations tend to instigate the most zealous advocacy among attorneys. But how far is “too far?”, and when can settlement demands turn into extortion?

Nike check over image of man in suit with court document in background

IN PARTNERSHIP

The Law Offices of Joseph A. Simon: A Criminal Defense Law Firm


by Joseph A. Simon

The Law Offices of Joseph A. Simon is an Ann Arbor-based firm that specializes in Criminal Defense. Over his 37-year career, Joseph A. Simon has defended thousands of cases.

A Lady in a Suit Taking Notes Across from a Man in an Orange Jumpsuit at a Table

IN PARTNERSHIP

Fighting Government Overreach


by John Fields

Criminal defense lawyer Dan Cogdell reflects on the Waco siege trial—a pivotal moment in his career now being revisited in a new Showtime miniseries.

Man in black suit poses for lawyer headshot

The Role of a Criminal Defense Investigator


by Best Lawyers

The role of a criminal defense investigator in a case is often overshadowed by the more prominent figures in the legal field. Let's look more closely.

Woman with hands on head stares at board of images

8 Different Types of Criminal Defenses in Law


by Best Lawyers

Learn about the different types of criminal defenses available in law, including innocence, self-defense, insanity and more. Protect your rights today.

Silver handcuffs laying on finger printed papers

Understanding the Affirmative Defense of Duress in Arizona


by Craig Orent

How states determine the use of this specific criminal defense.

Affirmative Defense of Duress in Arizona

IN PARTNERSHIP

Coffey Burlington's Legal Expertise


by John Fields

Service. Integrity. Results.

Coffey Burlington 2025

IN PARTNERSHIP

Elevating Our Cases Into Causes


by Justin Smulison

Two female attorneys

IN PARTNERSHIP

Federal Employee Advice: I’ve Been RIF’d. Now What?


by Bernabei & Kabat

What to do after a Reduction in Force

Two toy people being held in the palm of someone's hand above a group of other toy people

IN PARTNERSHIP

Do I Need a Lawyer After a Car Accident in Florida?


by Matthew Mincone

Person Using Cellphone After Car Accident

Trending Articles

Introducing the 2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore


by Jennifer Verta

This year’s awards reflect the strength of the Best Lawyers network and its role in elevating legal talent worldwide.

2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore

Revealing the 2026 Best Lawyers Awards in Germany, France, Switzerland and Austria


by Jamilla Tabbara

These honors underscore the reach of the Best Lawyers network and its focus on top legal talent.

map of Germany, France, Switzerland and Austria

Effective Communication: A Conversation with Jefferson Fisher


by Jamilla Tabbara

The power of effective communication beyond the law.

 Image of Jefferson Fisher and Phillip Greer engaged in a conversation about effective communication

The 2025 Legal Outlook Survey Results Are In


by Jennifer Verta

Discover what Best Lawyers honorees see ahead for the legal industry.

Person standing at a crossroads with multiple intersecting paths and a signpost.

The Best Lawyers Network: Global Recognition with Long-term Value


by Jamilla Tabbara

Learn how Best Lawyers' peer-review process helps recognized lawyers attract more clients and referral opportunities.

Lawyers networking

Jefferson Fisher: The Secrets to Influential Legal Marketing


by Jennifer Verta

How lawyers can apply Jefferson Fisher’s communication and marketing strategies to build trust, attract clients and grow their practice.

Portrait of Jefferson Fisher a legal marketing expert

Is Your Law Firm’s Website Driving Clients Away?


by Jamilla Tabbara

Identify key website issues that may be affecting client engagement and retention.

Phone displaying 'This site cannot be reached' message

A Guide to Workers' Compensation Law for 2025 and Beyond


by Bryan Driscoll

A woman with a laptop screen reflected in her glasses

Best Lawyers Launches CMO Advisory Board


by Jamilla Tabbara

Strategic counsel from legal marketing’s most experienced voices.

Group photo of Best Lawyers CMO Advisory Board members

Common Law Firm Landing Page Problems to Address


by Jamilla Tabbara

Identify key issues on law firm landing pages to improve client engagement and conversion.

Laptop showing law firm landing page analytics

Changes in California Employment Law for 2025


by Laurie Villanueva

What employers need to know to ensure compliance in the coming year and beyond

A pair of hands holding a checklist featuring a generic profile picture and the state of California

New Employment Law Recognizes Extraordinary Stress Is Everyday Reality for NY Lawyers


by Bryan Driscoll

A stressed woman has her head resting on her hands above a laptop

Turn Visitors into Clients with Law Firm Website SEO That Converts


by Jamilla Tabbara

Learn how to create high-converting law firm landing pages that drive client engagement and lead generation.

Laptop screen displaying website tools to improve client conversion rates

Medical Malpractice Reform Trends in Texas, Utah, Georgia and SC


by Bryan Driscoll

A fresh wave of medical malpractice reform is reshaping the law.

Medical Malpractice Reform Trends hed

Best Lawyers Introduces Smithy AI


by Jamilla Tabbara

Transforming legal content creation for attorneys and firms.

Start using Smithy AI, a content tool by Best Lawyers

SEO for Law Firms: Overcoming Common Challenges


by Jamilla Tabbara

Tackle common SEO challenges and take the next step with our guide, How to Make Your Law Firm Easier to Find Online.

Graphic image of a phone displaying SEO rankings, with positions 1, 2 and 3 on the screen

This article is a part of the Best Lawyers Criminal Law Legal Guide. Read thought leadership from recognized lawyers and navigate a list of all honorees in the associated practice areas.

Explore the Legal Guide