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> The general rule is that the police cannot promise you anything in return for a confession.

Yet plea bargaining is basically a promise in exchange for a confession (guilty plea), and that's why it's not allowed basically anywhere except the US.

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qingcharles 4 days ago | parent | next [-]

In Illinois I noticed they modified the template admonitions they read to the defendant during a guilty plea to say something like "has anyone promised you anything, except for this plea agreement?"

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bryanrasmussen 4 days ago | parent | prev | next [-]

plea bargaining in the U.S also is a promise that they will recommend that you get a particular deal, but the judge in sentencing can decide not to take that deal.

	▲	voxic11 4 days ago \| parent [-]
		Yes maybe my wording was clumsy but that is what I was attempting to say. The important thing is the prosecutor is not allowed to lie to you as part of the plea bargain. If they promise to do something like give a specific recommendation to the judge they must do it or risk the verdict being overturned.

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voxic11 4 days ago | parent | prev [-]

Can you give any sources for plea bargains not being used outside of the US? I'm mostly familiar with US law but my understanding is that plea deals are used in most commonwealth/adversarial system countries such as the UK, Canada, and Australia.

For example I can find a lot of Australian lawyers discussing plea deals.

> There are three main types of plea deals in Australia:

> Charge Bargaining – The defendant pleads guilty to a lesser charge than initially filed. For example, a charge of aggravated assault may be reduced to common assault.

> Sentence Bargaining – The defendant pleads guilty in exchange for a lighter sentence recommendation from the prosecution.

> Fact Bargaining – The prosecution and defence agree on which facts will be presented to the court, potentially influencing sentencing outcomes.

https://newsouthlawyers.com.au/plea-deals-in-australia-what-...

If you just mean that plea deals are not used by inquisitorial systems then obviously that makes sense.

	▲	brigandish 4 days ago \| parent [-]
		Please bargains are allowed and used in the UK but their existence is not as explicit as in the US, hence most (English or perhaps British) people thinking they may not exist in English or Scottish common law. There’s certainly less statistical data on their use collected.