CRI 201 Lecture Notes - Lecture 8: Allocution
Document Summary
Types of plea bargains: charge bargaining. The defendant agrees to plead guilty to a lesser offense than he/she would have been charged with if the case had gone to trial. Prosecutor agrees to have the defendant plead to aggravated manslaughter rather than murder: sentence bargaining. The defendant agrees to plead guilty to the stated charge in return for a lighter sentence. Prosecutor recommends 25 years nera on the aggravated. The court then allows the defendant to withdraw the plea if they are uncomfortable with the proposed sentence. The parties can renegotiate the plea, or the case can go to trial. Pros and cons of plea bargains: pros. Disposes of cases quickly moves the system along. The system could not function without plea bargaining. Economic advantage for the taxpayers need fewer judges, prosecutors, defense attorneys, public defenders, etc. Allows the prosecutor to gain a conviction and sentence where the evidence is weak without having to risk acquittal at a trial.
