For a plea bargain to be presented in a court of law, several elements must be constitutionally valid. The required elements include that individuals must submit the guilty plea voluntarily and intelligently from the accused and that the charges must have a factual basis. Additionally, the accused must have effective assistance of counsel when negotiating and deciding on the outcomes of accepting the guilty plea (Wan, 2007). The elements of the plea are critical when accepting the plea because the repercussions of consenting to a guilty verdict will impose the removal of constitutional rights and the right to a trial by jury.

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