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Plea Bargaining

Plea Bargaining. An agreement between the defendant and the state where each gives up something to gain something It is a process involving a number of decisions that can take place over hours or weeks. What a Defendant Pleas for. Charge Reduction Sentence Recommendation

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Plea Bargaining

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  1. Plea Bargaining • An agreement between the defendant and the state where each gives up something to gain something • It is a process involving a number of decisions that can take place over hours or weeks

  2. What a Defendant Pleas for • Charge Reduction • Sentence Recommendation • Agreement of Terms (Will not reject request for probation) • Specific Considerations (Local Time) • Implicit Bargaining (If the Defendant goes to trial, the punishment would be harsher)

  3. PRO Does not re traumatize a victim Good to use when witnesses are truthful but not credible No one wants to go through the ordeal of a trial CON Prosecutors routinely overcharge Punishment is now completely in the hands of the state Prosecutor is not directly accountable to the public Negotiated Justice

  4. Judges Normally do not actively participate Acceptance of plea bargaining reduces the courtroom bottleneck Sometimes the defendant should have plea bargained rather than use the resources Public Defenders Assess cases: For example, some cases are pled immediately Often are accused of not working in the client’s interest by bargaining Courtroom players and plea bargaining

  5. Sentencing

  6. What Can a Convicted Person Get? • Death • Prison • Shock Probation • Residential Community Center • Electronic Monitoring • House Arrest • Intensive Probation Supervision (IPS) • Forfeiture • Fines • Pretrial Release

  7. Probation • Conditional Release of an Offender with supervision of the court • Sometimes a suspended prison sentence if the offender agrees to rules of probation • Probation is in lieu of a sentence, a parolee is in custody • Probation requires eligibility and conditions of probation

  8. Probation Officers • Perform Pre sentence investigation • Intake: Settle before trial • Diagnosis: Evaluate Probationer • Treatment Supervision • Risk Classification • Intensive Supervision (in Ca, Formal Probation) • Low or No Supervision (Informal)

  9. Case Law • Minnesota v Murphy: Probationer was ordered to seek counseling. He admitted a rape he committed during counseling: Miranda warning not required for non custody • Griffin v Wilson : A probationers home may be searched without warrant

  10. Probation • Survey of 160,000 probationers sent to jail • 74% committed a new crime • 24% violated • Avertable recidivist: A crime could had been prevented if the probationer went to prison in the first place

  11. Forfeiture, Fines and Restitution • Forfeiture: Seizure of goods • Restitution • Monetary • Community Service • Fines: often used in conjunction with prison or jail

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