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NCJ Number: 31679 Find in a Library
Title: OFFER YOU CAN'T REFUSE - THE CURRENT STATUS OF PLEA BARGAINING IN CALIFORNIA
Journal: PACIFIC LAW JOURNAL  Volume:7  Issue:1  Dated:(JANUARY 1976)  Pages:80-104
Author(s): L A BENNETT
Corporate Author: University of the Pacific
McGeorge School of Law
United States of America
Date Published: 1976
Page Count: 25
Sponsoring Agency: University of the Pacific
Stockton, CA 95204
Format: Article
Language: English
Country: United States of America
Annotation: THIS COMMENT DEFINES PLEA BARGAINING, EXAMINES THE ESTABLISHED CONSTITUTIONAL REQUIREMENTS AND FEDERAL STATUTORY LAW ON PLEA BARGAINING, AND OFFERS SUGGESTIONS ON DEVELOPING A PLEA BARGAINING PROCEDURE FOR CALIFORNIA.
Abstract: THE AUTHOR STATES THAT PLEA BARGAINING MAY BE DEFINED AS 'THE GRANTING OF CERTAIN CONCESSIONS TO THE DEFENDANT IN THE EVENT THAT HE PLEADS GUILTY'. CONSTITUTIONAL REQUIREMENTS WITH RESPECT TO PLEA BARGAINING ARE REVIEWED; THESE INCLUDE VOLUNTARINESS, FULFILLMENT OF ANY PROMISES MADE, AND THE RIGHT TO COUNSEL DURING THE PLEA NEGOTIATION PROCESS. RECENT CHANGES AND PROVISIONS IN THE FEDERAL STATUTORY LAWS ON PLEA NEGOTIATIONS ARE ALSO OUTLINED. THE PRESENT STATUS OF PLEA BARGAINING IN CALIFORNIA IS THEN DISCUSSED WITH RESPECT TO STATUTORY AND CASE LAW, AND THE NEED FOR A COMPREHENSIVE SCHEME ON PLEA BARGAINING IS EXAMINED. FINALLY, SPECIFIC PROBLEMS IN FORMULATING A COMPREHENSIVE PLEA BARGAINING SCHEME ARE ADDRESSED, INCLUDING SUCH ISSUES AS ALLOWABLE CONCESSIONS, JUDICIAL PARTICIPATION, THE LACK OF CORRECTIONAL APPROACHES, DISCLOSURE OF THE PLEA BARGAIN, ADVISE TO THE DEFENDANT, DIFFERENTIAL SENTENCING, AND OVERCHANGING. THE NEW FEDERAL RULES AND MODEL STATUTUES ARE EXAMINED AS POTENTIAL SOURCES OF SOLUTIONS TO THESE PROBLEMS. (AUTHOR ABSTRACT MODIFIED)
Index Term(s): California; Constitutional Rights/Civil Liberties; Federal Code; Law reform; Laws and Statutes; Plea negotiations; State laws
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=31679

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