Court Systems and Practices

The student will be able to:  Define terms associated with the lesson.  Explain the purpose of our plea bargaining system.  Analyze plea bargaining situations.  Discuss the pros and cons of plea bargaining.  Role-play plea bargaining scenarios. 2UNT in partnership with TEA. Copyright ©. All rights reserved.

 FOR A DEFENDANT ◦ Avoid the time involved in defending self at a trial  Months before a case goes to trail  Length of a trial  Resets 3UNT in partnership with TEA. Copyright ©. All rights reserved.

 FOR A DEFENDANT (continued) ◦ Avoid the cost of defending self at a trial  Attorney’s fees  Court costs  Expert witnesses 4UNT in partnership with TEA. Copyright ©. All rights reserved.

 FOR A DEFENDANT (continued) ◦ Risk a harsher punishment if it goes to trial  Trial conviction punishments are more stringent  Judges are harsher if defendants do not accept a plea bargain agreement 5UNT in partnership with TEA. Copyright ©. All rights reserved.

 FOR A DEFENDANT (continued) ◦ Avoid publicity  Newspapers  Television 6UNT in partnership with TEA. Copyright ©. All rights reserved.

 FOR THE STATE ◦ Saves time  Heavy caseloads  Reduces time spent in trial preparation 7UNT in partnership with TEA. Copyright ©. All rights reserved.

 FOR THE STATE (continued) ◦ Saves expense  Investigation fees  Expert testimony fees  Scientific evidence costs 8UNT in partnership with TEA. Copyright ©. All rights reserved.

 FOR BOTH ◦ Reduces the uncertainty of going to trial  Will NOT go to trial if both agree to a plea bargain  Less stress 9UNT in partnership with TEA. Copyright ©. All rights reserved.

 FOR BOTH (continued) ◦ Do not have to go to trial on every criminal case  Gives parties flexibility  Can decide which cases are more deserving for trial 10UNT in partnership with TEA. Copyright ©. All rights reserved.

 Implicit Plea Bargaining  An understanding between the defense and prosecution that a guilty plea will be entered for a specific offense which carries a conventional punishment.  Usually somewhat less than what the maximum sentence could be. 11UNT in partnership with TEA. Copyright ©. All rights reserved.

 Charge Reduction Bargaining  An offer from the prosecutor to minimize the number and seriousness of charges against defendants in exchange for their pleas of guilty to lesser charges.  Also known as “charge bargaining” 12UNT in partnership with TEA. Copyright ©. All rights reserved.

 Judicial Plea Bargaining  Occurs when judges offer sentences to defendants in open court in exchange for their guilty pleas.  Most frequently used in petty offenses 13UNT in partnership with TEA. Copyright ©. All rights reserved.

 Sentence Recommendation Bargaining  Occurs when the prosecutor proposes a specific sentence in exchange for the defendant’s guilty plea.  “Take-it-or-leave-it” proposal 14UNT in partnership with TEA. Copyright ©. All rights reserved.

 PROS ◦ Reduces the uncertainties of criminal trials  If the defendant received a conviction at trial, it is more difficult to predict what sentence would be imposed.  Processing time is much faster with a plea bargain 15UNT in partnership with TEA. Copyright ©. All rights reserved.

 PROS (continued) ◦ Fewer trials and trial delays  Prosecutor does not have to convince a jury.  Gives factual basis for the plea  If there is insufficient evidence, the plea agreement can be rejected. 16UNT in partnership with TEA. Copyright ©. All rights reserved.

 PROS (continued) ◦ More convictions  90%+ come from plea bargains  Negotiated guilty pleas 17UNT in partnership with TEA. Copyright ©. All rights reserved.

 PROS (continued) ◦ Reduces the cost of a trial  Far less expensive than jury trials  Subpoena costs  Expert witness fees 18UNT in partnership with TEA. Copyright ©. All rights reserved.

 CONS ◦ Self-incriminating nature  Defendants give up their constitutional right to a jury trial  Give up the right to cross-exam their accusers  Relinquish the right against self-incrimination ◦ Loss of judicial control 19UNT in partnership with TEA. Copyright ©. All rights reserved.

 CONS (continued) ◦ Circumventing habitual offender status  Chronic offenders with multiple felony convictions can avoid mandatory punishments. ◦ Sentence reductions for serious offenders 20UNT in partnership with TEA. Copyright ©. All rights reserved.

 CONS (continued) ◦ Gender bias  Women benefit more often ◦ Racial discrimination  Minorities are discriminated against in plea bargaining 21UNT in partnership with TEA. Copyright ©. All rights reserved.

 Champion, Dean John, Hartley, Richard D. & Rabe, Gary A. Pearson Criminal Courts: Structure, Process, & Issues. (2nd edition) Prentice Hall,  Del Carmen, Rolando V. Criminal Procedure: Law and Practice. (8th edition) Wadsworth,  ducation_lessons.display&displayid=Pleabarg ducation_lessons.display&displayid=Pleabarg 22UNT in partnership with TEA. Copyright ©. All rights reserved.