CRIM 254 Exam 3 CH 12 (Plea Bargaining)

What is Plea Bargaining?

• 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

• No agreed upon definition

• All parties stand to gain something

What percentage of criminals plead guilty instead of going to trial?

97% of criminals

Who benefits from plea bargaining because it allows them to receive a favorable sentencing outcome?

Defendants

What is Jury Tax or Jury Penalty?

A token amount of money for each day of a jurors service

What are the different types of plea bargaining?

• Charge

• Sentence

• Substitution

• Condition

What is charge bargaining?

The prosecutor’s ability to negotiate with the defendant in terms of the charges that could be filed/ in some instances this means offering a lesser charge if the defendant pleas

What is sentence bargaining?

A defendant agreement to plead guilty in exchange for a less serious sentence/ The prosecutor may offer to ask the judge for a probation sentence rather than jail time

What is substitution bargaining?

A defendant is charged with a particularly embarrassing crime and substitution of charges is offered

What is condition bargaining?

Prosecutors offer to place the defendant in a convenient correctional facility if he or she agrees to plea/ Defendants may offer to make restitution or forfeit property to receive a favorable sentence

Plea bargains must be what?

• Intelligent

• Voluntary

What is the earliest reported case regarding plea bargaining?

Commonwealth v. Battis (1804)

In what case did it focus on Michigan statute which set forth specific requirements necessary for a valid guilty plea/ The court expressed concern that some of what could be called plea bargaining was taking place without the courts’ approval

Edwards v. People

Cases referencing plea agreements go back to what century?

19th century

What are some benefits seen from plea bargaining?

• Prosecution has an increased ability to dispose of a busy caseload

• The defense benefits by allowing for the quick disposition of cases

• The court benefits as a prompt disposition of cases save on judicial resources

• The victim could benefit through the satisfaction of having the case closed quickly

What are some costs of plea bargaining?

• Criminal defendants lose their chance at an acquittal and other important rights

• Prosecutors tend to start the bargaining process at a “high” level

• Some argue that plea bargaining undermines the integrity of the criminal justice system

• Critics are also concerned that criminals receive lenient sentences

  • All the other extreme, innocent individuals may be coerced to plead guilty

What is the Alford Plea (Best Interest Plea)?

The defendant pleads guilty but maintains his or her innocence/ it is basically a claim of neither guilt nor innocence

In 1975, which state ban the practice of plea bargaining?

Alaska

In which case did the Supreme Court state that "...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..."?

Brady v. United States (1970)

In what case did it protect even the lowest-level offenders from corrupt or manipulative practices by overzealous prosecutors?

Santobello v. New York (1971)

What is the most straightforward and common offer from a prosecutor in securing a guilty plea

Reduction in charges against defendant

If a defendant accepts an offer what two ways can they plead?

• Plead guilty

• Plead “nolo contendre”

For evidence to be considered ____, it must have a reasonable probability of affecting the outcome of the case…

Exculpatory

What is NOT a situation in which plea bargaining in California is permissible?

The offense of driving under the influence

In which case did the Court uphold the defendant's conviction under the habitual criminal statute on the theory that it resulted from a choice among known alternatives. The defendant had a "choice" to accept five years in prison and neglected to take the opportunity.

Bordenkricher v. Hayes

In what case did the court uphold that a prosecutor may file additional charges if an initial expectation that the defendant would plead guilty to a lesser charge proved unfounded?

United States v. Goodwin

What is NOT something that the defendant must understand for a plea to be intelligent (understood)?

The correctional facility where the defendant will be placed

What amendment requires that defense counsel be effective during the plea negotiation process?

6th Amendment

What allows defendants to negotiate plea in exchange for giving up their right to a jury trial?

Jury Waiver

What amendment’s right to counsel applies during plea bargaining because charges have already been filed before bargaining commences?

6th Amendment

In what case did the Supreme Court uphold the practice of a prosecutor withdrawing a plea offer, claiming it was a mistake and replacing it with a harsher plea offer?

Mabry v. Johnson

What are some of the constitutional rights a criminal defendant has during plea bargaining?

• 6th amendment right to effective counsel applies

• Ensure client understands consequences

• Right to be informed of exculpatory evidence

• Have right to be present at own trial (not with bargaining)

What case was an example of the pressure for innocent defendants to plead guilty?

North Carolina v. Alford

What cases were examples of acceptable inducements?

• Brady v. United States (1970)

• Bordenkricher v. Hayes

• United States v. Goodwin

What are acceptable inducements?

• Involves promises of leniency or reduced sentences in exchange for the defendant’s guilty plea

• Inducements must be voluntary and not result from force, threats, or promises other than those in a plea agreement

What is 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

Who else other than prosecutors can be involved in ad hoc plea bargaining?

Judges

In what case did the judge reject a plea because the offense the defendant would plead guilty to (theft of an automobile) was less serious than the one dropped (burglary of a habitation)

United States v. Bean

What are statutory inducements?

Refer to laws that provide lenient sentences in exchange for guilty pleas

What are judicial inducements?

Refer to actions from judges that influence the bargaining process

What are some of the factors affecting plea bargaining?

• Strength of case

• Seriousness of the offense

• Defendant’s prior record

• Extralegal factors

  • Age

  • Sex

  • Attitudes

  • Martial Status

  • Employment

What are the steps following plea bargaining?

• Court Approval

  • Not bound by plea agreement (ex: United States v. Bean)

  • If plea agreement poses a threat to public then court has discretion to deny

• Prosecutor’s Responsibility

  • If court accepts plea, prosecutor must follow through with bargain and vice versa

• Effects on Defendants

  • Defendants who accept offers to plead guilty often face consequences

    • required to waive rights to appeal guilty plea (ex: Ricketts v. Adamson)

What was the main effect of Ricketts v. Adamson?

Because of plea agreement received a lesser sentence for testifying, however was later asked to testify again and refused believing it was a breach of plea agreement

The defendant can sometimes preserve certain rights following a plea agreement/ this type of arrangement is known as what? (hint: are rare)

Conditional Guilty Plea

What are elements of valid guilty plea?

• Judge must determine that the defendant understands the plea

  • understand nature of the charge or charges

  • Possible sentence or sentences

  • Rights he or she may waive if a guilty plea is entered

• The plea must conform to statutory and other requirements

• Voluntariness

• Factual Basis

What are some reasons for contesting a guilty?

• Plea was a product of coercion by the prosecutor

• The prosecution fails to fulfill its end of the bargain

• Other problems such as unconstitutional conduct on the part of law enforcement officials

What occurs when withdrawing a guilty plea?

• If court refuses to accept the plea agreement, defendant can usually withdraw a plea

• If the defendant pleads guilty without plea bargaining, he or she can seek to withdraw the plea

  • However, if the prosecution disagrees with the court's decision to refuse the plea, the defendant may not be able to withdraw the plea

• Once a plea is accepted by the court, it can only be withdrawn in limited circumstances

• Prior to trial, the defendant must show a "fair and just" reason for overturning the plea (e.g., involuntary pleas, prosecutorial breaches, or lack of evidence)

  Once a sentence has been entered, the only methods to challenge a plea are:

  • Appeal

  • Habeas review

What occurs when appealing a guilty plea?

• If a defendant moves to withdraw his or her plea, and is denied, an appeal is appropriate

• If the withdrawal period has passed, the only other method of appealing a guilty plea is through "direct" appeal

  • The defendant has limited resources with which to prepare an argument

• Some states and the federal government permit appeals based on specific pretrial motions

• Engaging in plea bargaining and pleading guilty are not the same thing

• The defendant can still seek to withdraw the plea

• Guilty pleas that are entered without plea bargaining are more subject to appeal than please as a result of bargaining