united-states criminal-law us-constitution plea
How are plea bargains legal?
<p>The constitution says:</p>
<blockquote>
<p>The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury...</p>
</blockquote>
<p>Not:</p>
<blockquote>
<p>The Trial of all Crimes, except in Cases of Impeachment or with the consent of the accused, shall be by Jury;</p>
</blockquote>
<p>How are plea bargains legal in the US?</p>

<p>The constitutional provision quoted in the question has been interpreted to require that a jury trial be available to a person accused of crime by the US Federal Government. Then accused is free to waive this right, and be tried by a judge only if s/he so chooses.  The accuse is also free to waive the right to a trial altogether, and plead guilty (or &quot;no contest&quot; which waives a trail without an admission of guilt).</p>
<p>The provision <strong>could</strong> reasonably be interpreted to require that if there is a trial, it be by jury. But I don't see how it could reasonably be read to require trials in all cases, and forbid guilty pleas.</p>

<p>You seem to be suggesting there's a problem because plea bargains don't involve a jury. But the constitution doesn't require a jury to support a conviction; it only requires a jury to adjudicate the facts at a trial.</p>
<p>There's no trial in a plea bargain, so there's no need for a jury.</p>
