LAWS 2301 Lecture : Crim Class 11.doc
Document Summary
Informal/hidden/secret: control and accountability, different terms for plea bargaining (resolution discussions etc, not a true bargain judges may not accept and accused is pressured to accept. Benefits given in exchange for a guilty plea. 2 points of contrast: offer of leniency is uncertain, hard to determine degree of leniency actually shown. If expect as part of system, then can become self-perpetuating: argued that accused are often over-charged in expectation of bargaining. Other advantages: accused: more lenient sentence but balance with, protection issue, possible lack of satisfaction, accused"s rehabilitation. Is bargaining just going down to where sentence should have been anyway (over- charge: lighter label/less stigma, avoid disgrace/notoriety for defendant/family, faster disposition, avoid higher legal fees, plea bargains are never done without a lawyer. Prosecutors don"t deal with offenders directly: psychological effect of plea of guilty, remove uncertainties of trial: versus, risk of convicting the innocent, avoid testing legal issues, inappropriate sentence may result.