Week 7 - Plea Bargaining

what are the different types of pleas available to the defendant?

• standard guilty plea

  • defendant simply pleads guilty

• nolo contendere

  • defendant accepts punishment but not admission of guilt

  • this can’t be used against you in other actions

• alford plea

  • defendant pleads guilty while declaring innocence

what is the argument for keeping plea bargaining as a prevalent part of our legal system?

• prosecutorial budgets would only allow prosecution in those cases where there was strong evidence to convict

• thus, fewer innocent defendants would be coerced into guilty pleas

  • this decreases false alarm AND hit rate

• what does plea bargaining look like in actual practice?

• what percentage of innocent defendants plead guilts?

• in actual practice:

  • power disparities between plea-negotiating parties

  • often limited contact between client and public defender

  • overcharging may be used as a coercive tactic

  • consequential decisions are required under conditions of high uncertainty

• percentage of innocent defendants pleading guilty

  • 23% claimed to be innocent in New York City

  • estimated 11% another study

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