Looks like no one added any tags here yet for you.
historical roots of plea bargaining
British system
Emerged at dominant in 1920s
Became political issue 1960s
SCOTUS affirmed practice 1971
1973 federal commission recommended abolition by 1978; unsuccessful
issues with plea bargaining
controversial
discretion of judges and prosecutors
judicial review and rejection
trial tax
confidence and legitimacy
trial tax
receiving about a 40% harsher sentence if you go forward with a trial rather than pleading guilty
benefits of plea bargaining
Resource management, flexibility, assumption of responsibility, protection of victims
Resources and likely effects of abolition
quick and efficient
criminal trials
5-10% of cases go to trial
felonies, misdemeanors, adult offenders
adversarial process
both sides present case
bench or jury trial
criminal trial processes
Opening statement
Prosecutors’ evidence, witnesses
Defense rebuttal
Closing arguments
Judge’s instructions to jury
discretion by jury
jury deliberation
must reach unanimous decision —> could result in mistrial if not unanimous
Verdict (if found); guilt “beyond a reasonable doubt” ?
Judge strong incentives to get an efficient jury
trial issues
adversarial issues
incomplete information