skip navigation


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: 237010 Find in a Library
Title: Deal or No Deal: Why Courts Should Allow Defendants to Present Evidence That They Rejected Favorable Plea Bargains
Journal: American Criminal Law Review  Volume:48  Issue:3  Dated:Summer 2011  Pages:1293-1334
Author(s): Colin Miller
Date Published: 2011
Page Count: 42
Type: Research (Applied/Empirical)
Format: Article
Language: English
Country: United States of America
Annotation: This paper examines the basis for allowing defendants to present evidence at trial on why they rejected a favorable plea bargain.
Abstract: This paper explores the inconsistency established by U.S. courts that allows prosecutors to present defendants’ incriminatory statements made during plea discussions while at the same time preventing those same defendants from presenting evidence that they rejected favorable plea bargains. This inconsistency was codified by Congress in 1979 when they amended the Federal Rule of Evidence 410 and the Federal Rule of Criminal Procedure 11(e)(6) to clarify exactly what evidence relating to plea bargaining the Rules rendered inadmissible. The creation and amendment of these two Federal Rules are discussed in detail in the second section of this paper. The third section of this paper presents several opinions in which evidence of rejected plea bargains and the various reasons given by the courts for excluding them trial are examined. The fourth section of the paper discusses the Ninth Circuit Court ruling in United States vs. Mezzanatto regarding the ability of prosecutors to force defendants to waive the protections afforded by the plea bargaining rules. In the final section of the paper, the author argues that the U.S. Supreme Court’s reversal of the Ninth Circuit Court’s ruling in Mezzanatto indicates that defendants should be able to present evidence that they rejected favorable plea bargains.
Main Term(s): Plea negotiations
Index Term(s): Courts; Evidence; Pleas; Structured plea negotiations; Trial courts; Unfulfillable plea bargains
To cite this abstract, use the following link:

*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.