Presentation on theme: "Chapter Thirteen: Negotiated Justice and the Plea of Guilty"— Presentation transcript:
1Chapter Thirteen: Negotiated Justice and the Plea of Guilty
2Plea Bargaining The process through which a defendant pleads guilty to a criminal chargewith the expectation of receivingsome consideration from the state.
3(Major issue: Overcharging) Charge BargainingThe defendant pleads to a charge less serious than the one originally filed.The principal effect of a plea to a less serious charge is to reduce the potential sentence.(Major issue: Overcharging)
4Count Bargaining The defendant pleads guilty to some, but not all, of the counts containedin the charging document.The principal effect of pleading to less counts is to reduce the potential sentence.(Major Issue: Concurrent v. Consecutive Sentences)
5Sentence BargainingThe defendant pleads guilty knowing the sentence that will be imposed.The principal effect of a sentence bargain is to reduce the maximum sentence.(Major Issue: Perception of Leniency)
7Questions: How do caseloads affect plea bargaining? What is the presumption of factual guilt?What are the costs and risks of trial?
8it is not the issue of legal guilt that is most often in dispute, With plea bargaining,it is not the issue of legal guiltthat is most often in dispute,but rather what sentenceto impose on the guilty.(Major Issue: Individualized Justice)
9Plea Bargaining and the Courtroom Workgroup Bargaining occurs betweenthe prosecutor, the defendant,the defense attorney or public defender,and,sometimes the judge.(Major Issue: Conflicting Objectives)
10Objectives of the Prosecutor The prosecutor normally controls the negotiating process. For example, the prosecutor can bargain or not bargain, he can threaten a more serious charge if the defendant does not plead, and he can force a “dangerous” defendant to plea on the nose or go to trial and suffer the trial penalty.The prosecutor can pursue strong cases and dismiss weaker cases.There is the certainty and finality of a conviction.A plea bargain minimizes the prosecutor’s risk with no trial.A conviction emphasizes deterrent objectives of law enforcement.
11Objectives of Defendants The primary benefit of a plea is a lenient sentence.A common perception is that defendants who refuse to plead guilty receive harsher sentences.For those unable to post bail, a plea can mean an immediate release (either probation or for time served).
12Objectives of Defense Attorneys The defense attorney must assess the guilty plea offer and weigh the costs.The defense attorney negotiates the terms.The defense attorney counsels the defendant. The defendant may or may not accept the offer.The defense attorney tries to get the best deal possible for the defendant.
13Objectives of JudgesThe judge is dependent on the prosecutor, and to a lesser extent, the defense attorney, for knowledge about the case.The courtroom workgroup negotiate dispositions that incorporate the judges expectations.Judges may reject a plea agreement, but rarely do.Judicial participation varies greatly from state to state, from actively involved to merely ratifying agreements.
14Decision Making Norms Seriousness of the Offense I Prior Record Consideration of the following shared normsstructure plea negotiations:Seriousness of the OffenseIPrior RecordThe Strength of the Prosecutor’s Case, i.e.,the Evidence.
15Questions: Which cases are more likely to go to trial? When do defense attorneysrecommend a trial?What is the importance ofthe Supreme Court caseBordenkircher v. Hayes (1978)?
16A plea of guilty infers the following: The PleaA plea of guilty infers the following:Admission of guiltWaiver of the presumption of innocenceWaiver of the right to a jury trialWaiver of the right to confront witnessesWaiver of the right to self-incrimination
17The judge must question the defendant on the following issues: Accepting the PleaThe judge must question the defendanton the following issues:Boykin v. Alabama (1969)Whether the defendant’s plea is intelligent and voluntary.Whether the defendant understands the nature of the charge and the possible punishment upon conviction.Whether any threat was made.Whether the defendant is satisfied with the services of defense counsel.Whether the defendant understands the forfeiture of a jury trial.
18Recording the Plea Boykin Form: plea of guilty. Federal Rules of Criminal Procedure: plea agreement - federal courts. (Defendants can withdraw a guilty plea; however, defendants must live up to their end of the plea agreement.)