Plea Bargaining and Prosecutorial Discretion

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Judith Mason
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Plea Bargaining and Prosecutorial Discretion

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San Andreas Judicial Branch
Self-Representation Database

Introduction
A plea bargain is an agreement made between the prosecution and defense, in which the defense agrees to plead guilty to some, all, or lesser charges in exchange for some compromise or leniency from the state. The institution of plea bargaining has two primary purposes: to improve the efficiency and productivity of the justice system, and to provide more tailored solutions to individual cases.
Ethics and Plea Bargaining
Plea bargaining grants discretion to prosecutors, and when discretion is granted, one must use their discretion both logically and ethically. The following sections will explain how to properly submit plea bargains and outline some logical ways in which they can be used, but this section will cover the ethics (or moral principle) of plea bargaining.
  1. Plea bargaining should be objective and reasonable.
    Plea bargains should be offered on a basis of objective facts and reasonable inferences which support that a negotiated settlement would yield a more positive outcome than taking a case to trial and pursuing the entirety of the charges. Subjective and unreasonable factors, such as personal attitude towards an individual, prior relationships with an individual (outside of an examination of previous criminal record), unrelated characteristics (race, ethnicity, gender, sexual orientation, etc.), and similar variables should not influence the issuance of plea bargains.
  2. Plea bargains should be calculated fairly and logistically.
    When crafting a plea bargain, prosecutors should create a settlement which is not unduly lenient and does not extend more concessions than are necessary. Conversely, defense attorneys should consider the ramifications of accepting a settlement, both positive and negative; as they will impact their client. Using these common sense judgements, the prosecution and defense should then work towards a mutually beneficial agreement, if a bargain is to be issued.
  3. Personal status should have no place in bargaining.
    Negotiations should always be centered on achieving justice, and therefore exclude personal accolade and status among colleagues. Plea bargains should not be crafted, offered, accepted, or declined because of its effect on an attorney's personal relationships, accomplishment, status, or ego.
Basic Guidelines for the Prosecution
  1. Considering When to Apply Plea Bargains
    Consider whether the case is worth taking to trial; is it winnable? What sort of resources will it consume, and what positive outcome will a trial yield? Does the case have public importance? Is it safe to negotiate a deal? These are all questions that a prosecutor decides whether to enlist the use of plea bargaining as a tool. Plea bargaining is recommended to be used in case where a negotiated sentence can be safely applied, where the case consumes more resources than a trial may be worth, and where a negotiated sentence will best serve the community.
  2. Negotiating A Plea Bargain
    Plea bargaining can be impromptu professional discussion between the defense and prosecutorial counsel. Initial discussions typically might discuss the possibility of plea bargaining and produce initial offers from either the defense or prosecution. Whenever these discussions are concluded, the defense counsel will bring the offer to their client and propose it. If the defendant approves, then the prosecution will email the defense attorney and the case Judge the Plea Bargain form which will include the terms (such as the negotiated charges, often which will require the defendant to plead guilty to these lower infractions).
Basic Guidelines for the Defense
  1. Considering Plea Bargains
    As a defense attorney, it is your duty to represent your client's interest. Thus, it is imperative that any meetings in which the prosecution and defense agree to plea deals must be reported to the defendant. The defendant must be given the ultimate decision whether or not to accept a plea deal; however it is the counsel's duty to advise them on their legal opinion and ensure their client makes a reasoned decision and fully understands their legal situation. It is important that defense attorneys are also vigilant in inspecting plea deals to ensure they fit their clients needs and wishes, and that the offer is fair and just.
  2. Negotiating A Plea Bargain
    Defense counsel can request negotiation with the prosecution either verbally or through a formal meeting. The state is not required to accept requests to bargain, however, in the cases that plea bargaining is accepted the state and defense will negotiate the terms of agreement, which will be formally emailed from the prosecuting attorney to the defense and judge. If all parties sign, the defendant is given the document for a final signature (either in court, or via the government website, or a printed form) and filed with the judge.
Example and Formatting
Plea Agreement Example
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San Andreas Judicial Branch

"HERE FOR YOU | SAFE FOR YOU"


Superior Court of San Andreas


State of San Andreas
v.
[Defendant]
[Docket Number] - Honorable Judge [Firstname Lastname]

Pursuant to the case of State of San Andreas v. [Defendant]; prosecuting attorney [Firstname Lastname], defense attorney [Firstname Lastname], and the defendant [Firstname Lastname] have entered into agreement, the terms of which are as follows;
  1. Current Charges
    • The defendant, John Doe, agrees to plead guilty to the following charges:
      1. VC01 - Speeding First Degree
      2. VM01 - Operating a Vehicle without a Valid License
  2. Former Charges
    • The state shall pursue the current charges listed above, in place of the original charges listed below:
      1. VC03 - Speeding Third Degree
      2. VM02 - Operating a Vehicle with a Suspended License
  3. General Provisions
    • The defendant agrees to plead guilty to the Current Charges outlined in Section I. The state will no longer pursue the Former Charges outlined in Section II. The defendant will not be required to pay court fees or associated appeal fees.
  4. Sentencing for New Charges
    • This plea bargain was issued post-sentence, and therefore the state and defendant have agreed that no further sentencing will be imposed.
  5. Waiver of Rights
    • It is CRITICAL that you read this section of the plea agreement thoroughly. By signing this document, the defendant agrees to surrender certain rights, notably; the defendant may not further appeal charges agreed to within this plea bargain. This agreement may not be terminated at the discretion of an defendant, the defendant's counsel, nor the prosecution; it may only be terminated by the presiding judge under strict guidelines set forth by the Supreme Court of San Andreas. By signing this document, the defendant is pleading guilty to the charges outlined in Section I and these charges may not be challenged at a later date.


    Zachary LaBlaze
    Prosecuting Attorney Zachary LaBlaze
    San Andreas Judicial Branch
    Date Signed: 30/SEP/2021

    Dee Fence
    Defense Attorney Dee Fence
    San Andreas Judicial Branch
    Date Signed: 30/SEP/2021

    John Doe
    John Doe
    Defendant
    Date Signed: 30/SEP/2021

    Judith Mason
    Honorable Justice Judith Mason
    San Andreas Judicial Branch
    Date Signed: 30/SEP/2021

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Formatting for Example Plea Agreement

Code: Select all

[img]https://i.imgur.com/LdlyeRK.png[/img][divbox=antiquewhite]
[fimg=150,150]https://i.imgur.com/YU6CgMa.png[/fimg]
[aligntable=right,0,0,0,0,0,0][right][font=Arial][b]
[size=150]San Andreas Judicial Branch[/size][/b]
[size=95][i]"HERE FOR YOU | SAFE FOR YOU"[/i][/size][/font][/right][/aligntable]




[center][size=150]Superior Court of San Andreas[/size][/center]



State of San Andreas
v.
[Defendant]
[Docket Number] - Honorable Judge [Firstname Lastname]

Pursuant to the case of State of San Andreas v. [Defendant]; prosecuting attorney [Firstname Lastname], defense attorney [Firstname Lastname], and the defendant [Firstname Lastname] have entered into agreement, the terms of which are as follows; 

[list=I]
[*][b]Current Charges[/b]
[list=none]
The defendant, [Firstname Lastname], agrees to plead guilty to the following charges:
[list=1]
[*][ID] - [Charge]
[/list]
[/list]

[*][b]Former Charges[/b]
[list=none]
The state shall pursue the current charges listed above, in place of the original charges listed below:
[list=1]
[*][ID] - [Charge]
[/list]
[/list]

[*][b]General Provisions[/b]
[list=none]
The defendant agrees to plead guilty to the [b][i]Current Charges[/i][/b] outlined in [i]Section I[/i]. The state will no longer pursue the [b][i]Former Charges[/i][/b] outlined in [i]Section II[/i]. The defendant will not be required to pay court fees or associated appeal fees.
[/list]

[*][b]Sentencing for New Charges[/b]
[list=none]
This plea bargain was issued post-sentence, and therefore the state and defendant have agreed that no further sentencing will be imposed.
[/list]

[*][b]Waiver of Rights [/b]
[list=none]
It is CRITICAL that you read this section of the plea agreement thoroughly. By signing this document, the defendant agrees to surrender certain rights, notably; the defendant may not further appeal charges agreed to within this plea bargain. This agreement may not be terminated at the discretion of an defendant, the defendant's counsel, nor the prosecution; it may only be terminated by the presiding judge under strict guidelines set forth by the Supreme Court of San Andreas. By signing this document, the defendant [b][i]is pleading guilty[/i][/b] to the charges outlined in [i]Section I[/i] and these charges may not be challenged at a later date.
[/list]



[size=200][i][font=Bradley Hand ITC][Prosecuting Attorney Signature][/font][/size]
Prosecuting Attorney [Firstname Lastname]
San Andreas Judicial Branch
Date Signed: DD/MMM/YYYY

[size=200][i][font=Bradley Hand ITC][Defense Attorney Signature][/font][/size]
Defense Attorney [Firstname Lastname]
San Andreas Judicial Branch
Date Signed: DD/MMM/YYYY

[size=200][i][font=Bradley Hand ITC][Defendant Signature][/font][/size]
[Firstname Lastname]
Defendant
Date Signed: DD/MMM/YYYY

[size=200][i][font=Bradley Hand ITC][Judge Signature][/font][/size]
Honorable Judge [Firstname Lastname]
San Andreas Judicial Branch
Date Signed: DD/MMM/YYYY
[/list][/divbox]
[img]https://i.imgur.com/LdlyeRK.png[/img]
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