(redirected from Negotiated Guilty Plea)
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References in periodicals archive ?
Brittany Covington, 19, received four years' probation in exchange for the negotiated guilty plea.
James' negotiated guilty plea "preserves his ability to pursue his education," Buseman said.
One involves the barrister's relationship with the defendant and the instructing solicitor; the other involves a comparison between the expected values of a trial and a negotiated guilty plea With the established model that barristers take instructions from defendants, the barrister bows to the defendant's desire for a trial even if that choice seems foolish.
This conclusion removes a potentially fatal flaw in negotiated guilty pleas, because if the barrister cannot be trusted to represent the defendant's interests, the defendant who pleads guilty as a result of the barrister's advice cannot be said to have done so intelligently.
At some point, negotiated guilty pleas to wholly unrelated (and typically much less serious) charges would make such a mockery of justice that retributivists would forgo them even if this meant that some guilty defendants would not be punished at all.
Just as we can draw lessons from particular places that operate with unusually low levels of negotiated guilty pleas, (23) we can also learn much from concentrating on time periods when guilty plea rates decline.
An internal DOJ memo shows that, from fiscal year 1983 (when the Environmental Crimes Unit began) through fiscal year 1991, the federal government had either negotiated guilty pleas or had won convictions at trial in 78 percent of its environmental cases.