LAWS 2301 Lecture Notes - Lecture 11: Sexually Transmitted Infection

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18 Oct 2014
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Laws 2301 – Lecture 11 – December 2
Plea bargaining
> Types & definitions/elements
> Advantages
> Criticisms & issues
Essay on final exam
- Very focused
- Please bargaining : SHOULD WE ABOLISH OR NOT
- Types and definitions/elements
- Advantages: main/ratio issue, accused, prosecutor, society
- Criticisms and issues
Plea bargaining – what was said about it
- The venereal disease of the criminal justice system
- The grease that keeps the justice system running
- No place in a decent criminal justice system
- Inevitable in any system of justice
- We’re treating people as half guilty and giving them half the sentence they would
receive if they were really guilty.
-Facts and figures around it: not sure what’s happening
-20% of guilty pleas are result of plea bargains
-3 types: express-they talk and reach agreement, tacit-sentencing and why you were
sentenced (not on essay but on m/c).
Express Plea Bargains:
-3 constant elements: always a guilty plea
-Bargain granted only if accused agrees to plead guilty in exchange
-Variable elements:
oWhere/when? Often just before trial
oWith whom? Usually the prosecutor
oWhy? – advantages/disadvantages
oWhat? – benefits given in exchange for a guilty plea
oDeal can be made anytime
Benefits most often given
-Reduction in charge (from first-degree murder to second-degree, etc.)
-Withdrawal of charges/promise not to proceed on other possible charges
-They will promise to recommendation as to the type of sentence
-Recommendation as to the severity of sentence
-Promise not to charge family and friends
Other benefits:
-Promise not to note aggravating circumstances, previous record or embarrassing
aspects of crime at sentencing
-Promise to speak to place of imprisonment or placement in treatment program
-Promise/threat re: using particular judge
-Promise not to oppose bail release
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