Plea Bargaining

Constitutional rights during plea bargaining:

- 6th amendment right to counsel & effective counsel - defendants enjoy the right to be informed of exculpatory evidence possessed by the prosecution - defendants enjoy a right to be told effectively and clearly the nature of the sentence or charges proffered by the prosecution

Supreme Court's view on plea bargaining: - Brady v. U.S. - Santobello v. New York

- Brady v. United States: "we cannot hold that it is unconstitutional for the State to extend a benefit to a defendant who in turn extends a substantial benefit to the State" - Santobello v. New York: "the disposition of criminal charges by agreement between the prosecutor and the accused, sometimes loosely called 'plea bargaining,' is an essential component of the administration of justice. Properly administered, it is to be encouraged."

Arguments against plea bargaining:

- Criminal defendants lose their chance at an acquittal and, sometimes, lose important rights, including the right to a trial by jury - Prosecutors may overcharge - Defendants will be encouraged to plead guilty to an offense that is more serious than that which they would be convicted of at trial - Some claim that the practice actually contributes to inefficiency in the justice process - Some argue that plea bargaining is inefficient and wastes time - Plea bargaining undermines the criminal process - Practice allows criminals to get away with their crimes or at least get more lenient sentences - Innocent individuals may be coerced to plead guilty

Attempts to Restrict Plea Bargaining

- Imposed cutoff dates: prohibits plea bargaining after a case has been in process for a certain amount of time - Ban of pleas (in its entirety or for certain offenses) - Jury waiver: which gives defendants the opportunity to engage in plea negotiations in exchange for giving up their right to a jury trial

charge bargaining

- In return for the defendant's plea of guilty, the prosecutor allows the defendant to plead guilty to a less serious charge than the one originally filed. - the prosecutor's ability to negotiate with the defendant in terms of the charges that could be filed

Elements of a valid guilty plea:

- Intelligence and understanding - Voluntariness - Factual basis

Arguments for plea bargaining:

- Provides an increased ability to deal with a busy caseload - Plea bargaining may be favored by the prosecution simply because it allows the courtroom work group to further its "mutual interest in avoiding conflict, reducing uncertainty, and maintaining group cohesion" - Quick disposition of cases and allows defense attorneys to focus on cases that they perceive as being more worthy of trial - Also benefits privately retained counsel because it speeds up the process, which translates into more money for less work - Defendants may also benefit because bargaining gives them the opportunity to receive a favorable sentencing outcome - Plea bargaining takes less time than a full-blown trial (benefits the courts too)

Factors affecting plea agreements:

- Strength of the state's case - Seriousness of the offense dictates whether the prosecutor will offer a reduced charge or recommend a lenient sentence - Defendant's prior record - Age, sex, attitudes, marital status, and employment

plea bargaining

- a legal negotiation in which a prosecutor reduces a charge in exchange for a defendant's guilty plea - the process by which the prosecution and defense reach an agreement resulting in a guilty plea from the defendant that results in a reduced charge, reduced sentence, or some other concession favorable to the defendant

Ad hoc plea bargaining

- a term coined by one legal scholar that refers to some strange concessions defendants agree to make as part of the prosecutor's decision to secure a guilty plea

Edwards v. People

- focused on a Michigan statute that set forth specific requirements necessary for a valid guilty plea in which the court expressed concern that some of what could be called plea bargaining was taking place without the approval of the courts - Rise in plea bargaining in the early to middle 1900s= because the American legal system began to mature and guilty plea rates increased out of necessity

sentence bargaining

- negotiating with the prosecutor for a reduction in length of sentence, reduction from capital murder to imprisonment, probation rather than incarceration, or institution where the sentence is to be served in return for a guilty plea - a defendant agreement to plead guilty in exchange for a less serious sentence

Intelligence and understanding

Defendant must understand the nature if the charges of which he or she is accused, the possible sentences that are associated with the charges, and the rights that he or she may waive if a guilty plea is entered

Voluntariness

Plea must be voluntary

Factual basis

Plea must result from conduct that has a basis in fact; someone cannot plead guilty to a crime he or she hasn't committed

count bargaining

The defendant pleads guilty to some, but not all, of the counts contained in the charging document, which reduces the potential sentence.

Conditional Guilty Plea

a negotiated arrangement whereby a defendant can sometimes preserve certain rights following a plea agreement

fact bargaining

a type of plea bargaining in which the prosecutor decides not to introduce certain facts about the offence of offender into the court record

How does the system survive off of plea bargainings?

allows the criminal justice system to conserve resources

Commonwealth v. Battis

earliest reported court decision addressing plea bargaining (19th century)à a court was hesitant to permit a guilty plea by a defendant charged with a capital crime, so the court gave the defendant time to contemplate his plea

Statutory inducements

refer to laws that provide lenient sentences in exchange for guilty pleas, and judicial inducements include actions by judges that influence the bargaining process