Plea Negotiations

Plea Negotiations If criminals wanted to grind justice to a halt, they could do it by banding together and all pleading not guilty. It’s only because we have plea-bargaining that our criminal justice system is still in motion. — Dorothy Wright Wilson, former dean, Southern California Law Center, 1974

Pretrial Conference • Pretrial conferences are informal meetings, usually inthe judge’s chambers, between attorneys and the judge. • strong and weak points of the case are discussed in an effortto arrive at a settlement without going to trial • Attorneys may try to arrive at some sequence in calling witnesses, particularly professionals or expert witnesses. • The attorneys will attempt to agree, or to stipulate, to certain testimony. • facts having stipulation are brought to the jury at the appropriate time, and the jury considers those facts as though they had been presented in testimony during trial

Plea Negotiation • Plea negotiating, (plea bargaining) is agreement to reduce a charge, or receive a lesser sentence. • usually shortly after the initial appearance or arraignment, though it can continue up to the time a verdict is rendered • Some allege plea bargaining is advantageous to the state by saving time & money, and increasing efficiency and flexibility in the criminal process. • It has been criticized, as it allows a criminal to take advantage of the justice system by not being convicted and sentenced for the crime actually committed.

Plea NegotiationBenefits of Plea Bargaining • Although criticized, many prosecutors say, acceptance of a negotiated plea is often for other justifiable reasons than lightening caseloads & clearing busy calendars. • In the past, plea bargaining was not discussed openly since it was considered to be unethical, if not illegal. • The secrecy of plea bargaining was eliminated by legislative action and court decisions. • Today plea bargaining is openly engaged in as part of the justice system.

Plea NegotiationThe Supreme Court and Plea Bargaining • Much of the change in viewpoint was brought about by Brady v. US, where the Supreme Court gave sanction to plea bargaining: • “…a guilty plea is a grave and so solemn act to be accepted only with care and discernment has long been recognized.” • “Central to the plea and the foundation for entering judgment against the defendant is the defendant’s admission in open court that he committed the acts charged” • “He thus stands as a witness against himself and he is shielded by the Fifth Amendment from being compelled ”

Plea NegotiationThe Supreme Court and Plea Bargaining • The Court further stated that even if a guilty plea were entered through some inducement of leniency, that plea could not be withdrawn at a later date if the plea had been freely and voluntarily given. • The standard of voluntariness of a guilty plea was set forth in the Brady decision. • (Some states prohibit plea bargaining on serious felonies except under limited circumstances.)

Plea NegotiationPleas to be Related to Offense Charged • It has been held, a negotiated plea should be related to the crime charged in the accusatory pleading, • but not confined to the one in the accusatory pleading. • The negotiated plea may be to a “lesser offense” than the one in the accusatory pleading. • It is important the negotiated plea be to a related crime so a plea will reflect a true history of the crime. • Often if an accused awaiting trial on two or more unrelated indictments, a plea bargain will include an agreement to dismiss the other indictment(s).

Plea NegotiationWithdrawal of the Negotiated Plea • State statutes where negotiated pleas have been enacted usually provide that a negotiated plea of guilty or nolo contendere must be approved by both the judge and the prosecuting attorney. • a guilty plea may be withdrawn if the bargain is notcomplied with by the judge or the prosecuting attorney. • Once the approval is given, the bargain must be complied with, or the defendant may also withdraw the guilty or nolo contendere plea. • (Even though the defendant may not have been entirely honest in dealing with the court.)

Plea NegotiationWithdrawal of the Negotiated Plea • In People v. Johnson, for a negotiated plea of guilty, the judge promised the defendant the matter would be handled as a misdemeanor rather than as a felony, • and the defendant would be given probation. • On discovering the defendant had concealed his true identity and criminal record, the judge sentenced the defendant to the state prison. • On appeal, judgment was reversed & the trial court was directed to permit the defendant to withdraw the guilty plea.

Plea NegotiationWithdrawal of the Negotiated Plea • The appellate court relied upon state statute providing: • “where such plea [negotiated plea] is accepted by the prosecuting attorney in open court and is approved by the court, the defendant …cannot be sentenced on such pleato a punishment more severe than that specified in the plea.” • In Johnson, the judge failed to inform the defendant of his right to withdraw the plea. • The Court held there was a serious misrepresentation by Johnson, so it was reluctant to create a right, for a defendant, to a specific performance of an original plea bargain rather than permit withdrawal of guilty plea.

(cont.) SUMMARY Important topics for this chapter… • A plea bargain is an agreement between the prosecutor and the defense. • The Supreme Court has sanctioned plea bargaining. • In some states, (like California,) there are statutory restrictions on plea bargaining.

(cont.) SUMMARY Important topics for this chapter… • A guilty plea based on a plea bargain may be withdrawn if the bargain is not complied with.

End Quiz Follows DO NOT CHEAT!

QUIZ 6 • 1. Approximately what percent of criminal convictions in the United States result from plea bargaining? • a. 50% b. 60% • c. 70% d. 90%

Quiz 6 • 2. Which of the following is a criticism of plea bargaining? • a. Gives too much discretion to prosecutors • b. Undermines the integrity of the judicial system • c. Most defendants plead guilty anyway • d. All of the above are criticisms of plea bargaining

Quiz 6 • 3. A criticism of plea bargaining is that the prosecutor may: • a. overcharge. • b. undercharge. • c. decide not to charge. • d. turn the case back to police for further investigation.

Quiz 6 • 4. Which of the following are acceptable plea bargains? • a. A lighter sentence • b. Certain probation conditions • c. Prosecutor’s decision not to prosecute under a habitual offender statute • d. All of the above

Quiz 6 • 5. Plea bargaining can have which of the following effects on the defendant? • a. The defendant can face a reduced sentence. • b. The defendant can be forced to waive certain rights. • c. The defendant may be required to testify against a co-defendant. • d. All of the above

Quiz 6 • 6. Which of the following are requirements for a valid guilty plea? • a. It must be voluntary. • b. It must be intelligent. • c. It must be based in fact. • d. All of the above

QUIZ 6 –Key- • 1) d • 2) d • 3) a • 4) d • 5) d • 6) d

Plea Negotiations