Embed Notice

Prosecutors would prefer the potential defendant to plead guilty. That way they can avoid the expense of a trial.

Defendants can be very difficult at this stage because it's extremely stressful. Some don't understand how much trouble they are in.

There is a power imbalance: The prosecutor (the government) has all he power.

Because the government has the power, defendants have constitutional rights.

Because of the power imbalance, the negotiation isn't like in civil cases.

2/