skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 156745 Find in a Library
Title: Basic Guide to Plea Bargaining Under the Federal Sentencing Guidelines
Journal: Criminal Justice  Volume:7  Issue:2  Dated:(Summer 1992)  Pages:14-21
Author(s): W L Gardner; D S Rifkind
Date Published: 1992
Page Count: 8
Type: Training (Aid/Material)
Format: Article
Language: English
Country: United States of America
Annotation: This article provides guidelines for defense attorneys in devising and assessing plea-bargain options under Federal sentencing guidelines.
Abstract: The U.S. Justice Department has developed four types of plea agreements that can be negotiated: charge agreements, recommendation agreements, specific sentence agreements, and fact-stipulation agreements. A charge agreement is an agreement that certain charges will not be pursued or will be dropped. The defendant can pick the crime with the most favorable sentencing scheme under the sentencing guidelines. Under a recommendation agreement, the prosecutor will recommend a particular sentence or will not oppose a sentence request made by the defendant. Under a specific sentence agreement, the court will impose a specific sentence within the guidelines range or a specific sentence that departs from the guidelines range for justifiable reasons. A fact-stipulation agreement is not a separate plea-bargaining tactic under the rules or guidelines. Such agreements support part of one of the other three types of agreements. This article discusses preindictment and postindictment plea bargaining, adjustments to the offense level of the offenses charged, departures from the guidelines, multicount indictments, and fines and restitution. The authors also provide guidance on whether to negotiate a plea or proceed to trial, how to calculate sentences under the guidelines, and the importance of defense preparation for plea bargaining.
Main Term(s): Court procedures
Index Term(s): Defense preparation; Federal courts; Plea negotiations; Sentencing guidelines
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=156745

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.