Negotiated Justice and the Plea of Guilty
Negotiated Justice and the Plea of Guilty
Chapter Thirteen
1
Plea Bargaining
• The process through which a defendant pleads guilty to a criminal charge with the expectation of receiving some consideration from the state.
2
Types of Plea Bargaining
• Charge Bargaining:
– Pleading guilty to a less serious charge than the one originally charged.
• Count Bargaining:
– Pleading guilty to partial charges, or “counts,” but not all.
• Sentence Bargaining:
– A plea in exchange for leniency in sentencing.
– The defendant pleads to the original charge (plea on the nose).
3
Who is Involved in the Plea
Bargaining Process?
• Prosecutor
– Some prosecutors deliberately overcharge to improve their bargaining position.
– Plea bargaining represents the certainty of conviction without the risks of trial.
• Defendant
– There is a possibility of a lenient sentence.
• Defense Attorney
• Judge
– Have very little power in the plea bargaining process.
4
Considerations
• Seriousness of the offense
• Criminal record
• Strength of the prosecutor’s case
5
Bordenkircher v. Hayes
• It is not a violation of due process for a prosecutor to threaten defendants with other criminal prosecutions so long as the prosecutor has probable cause to believe that the accused has committed the offense.
6
Plea Bargaining Promises
•
Santobello v. New York : When a plea rests in any significant degree on a promise or agreement of the prosecutor, so that it can be said to be a part of the inducement or consideration, such promise must be fulfilled.
•
Ricketts v. Adamson : Defendants must live up to their end of the plea agreement.
7
Accepting the Plea
• Boykin v. Alabama : When a defendant enters a plea of guilty, the judge must determine if the plea is knowingly entered and completely voluntary.
•
Brady v. U.S.
: When a defendant pleads guilty to avoid the death penalty, the plea is voluntary.
•
Alford v. North Carolina : A defendant can plead guilty and claim innocence.
8
More Plea Bargaining Case Law
• Alabama v. Smith : Court may impose a harsher sentence after a guilty verdict than it originally did at the plea proceeding (after defendant successfully vacated his original guilty plea).
•
U.S. v. Mezzanatto : Federal prosecutors may use statements made by a defendant during plea bargaining to cross-examine the defendant at trial.
• U.S. v. Ruiz : Prior to the plea of guilty, the prosecutor does not have to disclose to the defense as much evidence as before trial.
9
10
