Plea bargaining in the United States
The constitutionality of plea bargaining was established by "Brady v. United States" in 1970, although the Supreme Court warned that plea incentives which were sufficiently large or coercive as to over-rule defendants' abilities to act freely, or used in a manner giving rise to a significant number of innocent people pleading guilty, might be prohibited or lead to concerns over constitutionality. "Santobello v. New York" added that when plea bargains are broken, legal remedies exist.
Juries in the United States
The vast majority of U.S. criminal cases are not concluded with a jury verdict, but rather by plea bargain. Both prosecutors and defendants often have a strong interest in resolving the criminal case by negotiation resulting in a plea bargain. If the defendant waives a jury trial, a bench trial is held. Research indicates there is not a consistent difference between penalties handed down in jury trials and those handed down in bench trials.