HopefullyInLawSchool
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LSDefine
Simple English definitions for legal terms
fact bargain
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A quick definition of fact bargain:
Fact bargaining is when a prosecutor and a defendant make a deal about what facts will be said in court. This is important because certain facts can make a person's punishment worse or better. For example, if someone has been in trouble before and they do something bad again, they might have to go to jail for a long time. This is called a three-strikes law. Fact bargaining is especially important for drug crimes because the amount of drugs someone has can change how long they have to go to jail.
A more thorough explanation:
Fact bargaining is a type of plea bargaining where the prosecutor and the defendant agree on what version of the facts will be presented in court. This agreement can affect the sentence that the defendant will receive.
For example, if someone is charged with a drug-related offense, the amount of drugs they were carrying can change their sentence. If they agree to a certain amount of drugs in the fact bargaining, it can help them get a lesser sentence.
Another example is under three-strikes laws. If someone has committed a severe violent felony and two other previous convictions, they will serve a mandatory life sentence in prison. Fact bargaining can help them negotiate which previous convictions will be presented in court, which can affect their sentence.
Overall, fact bargaining is an important part of the legal system as it allows for negotiations between the prosecutor and the defendant to reach a fair outcome.