jurisdiction and on the context of its use.[9] However, to identify the core problems of plea bargaining, we must first settle on a

definition that encompasses the broad range of practices that may be considered plea bargaining. Black's Law Dictionary

provides a general definition that serves as a useful starting point to highlight the common misunderstandings of what constitutes

plea bargaining. Black's defines plea bargaining as:

The process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval. It usually involves the defendant's pleading guilty to a lesser offense or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that possible for the graver

The first part of the definition suggests that plea bargains are "mutually satisfactory dispositions." While it is true that the bargain

struck must be agreed upon by both sides and the guilty plea must be made intelligently and voluntarily,[11] this does not guarantee

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