Aproximación al estudio de la justicia penal negociada de los EE.UU : The Plea Bargaining Process

Abstract

The purpose of this article is to explain the guilty plea system in the criminal courts, because the right to a trial by jury, a right guaranteed by the sixth amendment, has been seriously undermined by the huge criminal case load and the limited resources of the judicial system. Jury trial has become the exception, and the rule is the guilty pleas. The specifics of its operations vary from place to place. The essential element is the exchange of concessions between prosecutor and defendant: the defendant gives up his right to trial and convicts himself in exchange for charging and/or sentencing concessions by the prosecutor.