Plea Bargains and Mandatory SentencingPlea Bargains and Mandatory SentencingPlea Bargains and Mandatory SentencingI would like to take this time to explain my position on Plea Bargains and Mandatory Sentencing. I will show both pros and cons for each topic, as well as give you my personal brief on which one I support.
There are two types of plea bargains : The first one is a charge bargain. When the prosecutor allows a defendant to “plead guilty to a lesser charge”, or to only some of the charges that have been filed against him. For example, a defendant charged with burglary may be offered the opportunity to plead guilty to “attempted burglary”. A defendant charged with Drunk Driving and Driving with License Suspended may be offered the opportunity to plead guilty to just the drunk driving charge. The second plea bargain is when a defendant is told in advance what his sentence will be if he pleads guilty. This can help a prosecutor obtain a conviction if, for example, a defendant is facing serious charges and is afraid of being hit with the “maximum” sentence. Typically, sentence bargains can only be granted if they are approved by the trial judge. Many jurisdictions severely limit sentence bargaining.
A plea bargain is especially useful when the prosecutor’s first question to the jury is, “What was your last sentence?” This plea bargain can help to avoid unnecessary or erroneous information, such as an offer made by a defendant in the plea bargain. It can also help a defense lawyer to focus on the defendant’s “victim status,” for example, if the defendant was only charged with 1 misdemeanor in his plea deal before trial, an offer made by the defense may not have been made. A successful plea bargain can, for example, help defense counsel understand the defendant’s defense when faced with an attempt to plead guilty to a lesser charge, or it can help the defense ask a different question. (Some states, such as Colorado) require a defendant to give his final written statement before being admitted to the courtroom.
The first level of plea bargains allow a defendant to explain his case to the jury, and then to any other jurors, which can help a defense attorney understand the defendant’s state of mind about the crime, even if he or she never heard the defendant’s statement in the courtroom when a plea bargain was discussed. The defense attorney must ask the court for a written note of his or her own. This can help reduce the time they must spend deliberative, and the costs associated with pleading guilty to certain crimes. A defendant who has never been convicted of some or all of the offenses may benefit with this option if a defense attorney understands the defendant’s defense better when trying to argue. However, it doesn’t always allow the defense attorney access to their own notes that could allow them to avoid testifying at that particular plea bargain (e.g., the defendant may have to pay the court a visit in person to make the note). The defense attorney may need to send a copy to the court to show that the plea agreement was never made. If they can’t, the defense attorney may lose their legal right to a hearing based on lack of opportunity.
The second level of plea bargains allows a defendant to explain his case to the jury, which can help his or her defense attorney understand the defendant’s state of mind about the crime, even if he or she never heard the defendant’s statement in the courtroom when a plea bargain was discussed. (Some states, such as Colorado) require a defendant to give his or her final written notice before being admitted to the courtroom. This allows the defense attorney to ask the court for a written note of his or her own. (Some states, such as Colorado) enable you to present your case against Defendant A at the jury in exchange for a plea bargain. A defendant who has never been convicted of a misdemeanor may also benefit with the option of pleading guilty to a lesser or more serious charge that could be a potential defense charge. The prosecutor may still face a possible defense charge or even a potential plea bargain, depending on his or her circumstances.
A defendant who has never been convicted of any felony or felony class E misdemeanors may benefit with the option of pleading guilty to a misdemeanor class E offense — this is when an offender is forced to plead guilty to a lesser felony or felony class E offense (if a defendant is sentenced to a felony or misdemeanor), or if there are no felony and it’s already committed — for example to pay restitution, pay for a legal fee, or be denied treatment. (Some states like Florida also allow the defense attorney to present notes. This often allows the defense attorney to use a “tribunal” to discuss some or all of the offenses against which the attorney was convicted—the defense attorney may want to ask for a copy of
A plea bargain is especially useful when the prosecutor’s first question to the jury is, “What was your last sentence?” This plea bargain can help to avoid unnecessary or erroneous information, such as an offer made by a defendant in the plea bargain. It can also help a defense lawyer to focus on the defendant’s “victim status,” for example, if the defendant was only charged with 1 misdemeanor in his plea deal before trial, an offer made by the defense may not have been made. A successful plea bargain can, for example, help defense counsel understand the defendant’s defense when faced with an attempt to plead guilty to a lesser charge, or it can help the defense ask a different question. (Some states, such as Colorado) require a defendant to give his final written statement before being admitted to the courtroom.
The first level of plea bargains allow a defendant to explain his case to the jury, and then to any other jurors, which can help a defense attorney understand the defendant’s state of mind about the crime, even if he or she never heard the defendant’s statement in the courtroom when a plea bargain was discussed. The defense attorney must ask the court for a written note of his or her own. This can help reduce the time they must spend deliberative, and the costs associated with pleading guilty to certain crimes. A defendant who has never been convicted of some or all of the offenses may benefit with this option if a defense attorney understands the defendant’s defense better when trying to argue. However, it doesn’t always allow the defense attorney access to their own notes that could allow them to avoid testifying at that particular plea bargain (e.g., the defendant may have to pay the court a visit in person to make the note). The defense attorney may need to send a copy to the court to show that the plea agreement was never made. If they can’t, the defense attorney may lose their legal right to a hearing based on lack of opportunity.
The second level of plea bargains allows a defendant to explain his case to the jury, which can help his or her defense attorney understand the defendant’s state of mind about the crime, even if he or she never heard the defendant’s statement in the courtroom when a plea bargain was discussed. (Some states, such as Colorado) require a defendant to give his or her final written notice before being admitted to the courtroom. This allows the defense attorney to ask the court for a written note of his or her own. (Some states, such as Colorado) enable you to present your case against Defendant A at the jury in exchange for a plea bargain. A defendant who has never been convicted of a misdemeanor may also benefit with the option of pleading guilty to a lesser or more serious charge that could be a potential defense charge. The prosecutor may still face a possible defense charge or even a potential plea bargain, depending on his or her circumstances.
A defendant who has never been convicted of any felony or felony class E misdemeanors may benefit with the option of pleading guilty to a misdemeanor class E offense — this is when an offender is forced to plead guilty to a lesser felony or felony class E offense (if a defendant is sentenced to a felony or misdemeanor), or if there are no felony and it’s already committed — for example to pay restitution, pay for a legal fee, or be denied treatment. (Some states like Florida also allow the defense attorney to present notes. This often allows the defense attorney to use a “tribunal” to discuss some or all of the offenses against which the attorney was convicted—the defense attorney may want to ask for a copy of
Sentence bargaining sometimes occurs in high profile cases where the prosecutor does not want to reduce the charges against the defendant, usually for fear of how the newspapers will react. A sentence bargain may allow the prosecutor to obtain a conviction to the most serious charge, while assuring the defendant of an acceptable sentence. I agree that we as a society should accept charge bargains to get more information out of a suspect. I do not agree that we should offer someone a sentence bargain. If the individual committed the crime then he/she should have to do the time. So, when Justice Stewart wrote in Blackledge v. Allison that plea bargaining “can benefit all concerned”, I think that is only partly correct. Sure it benefits defendants, prosecutors,