query: who makes the decision whether to plea bargain a case

pos: Plea bargain Plea bargain The plea bargain (also plea agreement or plea deal) is any agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty or nolo contendere to a particular charge in return for some concession from the prosecutor. This may mean that the defendant will plead guilty to a less serious charge, or to one of the several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence. A plea bargain allows

pos: Plea bargain Plea bargain The plea bargain (also plea agreement or plea deal) is any agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty or nolo contendere to a particular charge in return for some concession from the prosecutor. This may mean that the defendant will plead guilty to a less serious charge, or to one of the several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence. A plea bargain allows

pos: Fine (penalty) were first offered a sort of plea bargain. This mostly contains a fine. If the suspect didn't pay the fine of this plea bargain, the public prosecutor had to open a criminal case, otherwise he wasn't authorized to collect the fine through force. The case had to be withdrawn when the capacity of the courts or the prosecutor's office didn't allow the start of a criminal case for a traffic violation. This was the case very often. This situation led to a negative spiral, because traffic offenders hoped and expected their case to be withdrawn, and didn't pay the plea

pos: Plea bargain organized crime, competition law violations, and economic crimes such as securities law violations. The prosecutor, defendant, and defense counsel each sign a written agreement, which must then be admitted into evidence in a public court without delay. Plea bargain The plea bargain (also plea agreement or plea deal) is any agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty or nolo contendere to a particular charge in return for some concession from the prosecutor. This may mean that the defendant will plead guilty to a less serious charge, or to one of

pos: Plea bargain this can create an incentive to plea bargain, even at the expense of the defense attorney's client's interests. On the other hand, the prosecutor may wish to maintain a high conviction rate and avoid losing high-profile trials; thus, settling a case by plea bargain may further his interests, even if the resulting sentence would not effectively deter crime. As many crimes have very narrow sentencing bands, a prosecutor often has scope to propose whatever degree of "discounted" charges, or substitution of misdemeanor rather than felony charges, to whatever extent they believe would incentivise a defendant to make a guilty plea

pos: Wilson v. State forbidden contact. The other young males involved (including one charged for the same oral sex acts as Wilson) accepted plea bargains with the possibility of parole; they are required to register as convicted sex offenders. Wilson had been offered a plea bargain for a five-year sentence with the possibility of parole before the trial but rejected the offer. After the jury had returned the guilty verdict, the prosecutor offered the same 5-year plea bargain again, and Wilson refused again. Another young man involved in the case had accepted a similar 5-year plea bargain and was paroled after two years. In

pos: Lafler v. Cooper article published in the "Federal Sentencing Reporter" argued that the government had "[won] by losing" by requiring defense lawyers to "bargain at the behest of the prosecutor". The Brennan Center for Justice wrote that the decision could incentivize defense counsel to advise accepting the first plea bargain their clients are offered for fear of being labelled "ineffective" by a court deciding that rejecting the plea was disadvantageous with the advantage of hindsight, but also noted that the decision represented a "triumph of realism and justice over narrow legalism and formalism". Articles published by the "Notre Dame Law Review" and the

pos: Legal case by the Holmes and Rahe Stress Scale, and so family proceedings are increasingly being "divorced" from the often very formal and impersonal process of civil proceedings, and given special treatment. A criminal case, in common law jurisdictions, begins when a person suspected of a crime is indicted by a grand jury or otherwise charged with the offense by a government official called a prosecutor or district attorney. A criminal case may in some jurisdictions be settled before a trial through a plea bargain. Typically, in a plea bargain, the defendant agrees to plead guilty to a lesser charge than that

pos: Roman Polanski sexual abuse case Dalton sought judicial review of whether the prosecutor acted illegally and engaged in malfeasance in interfering with the operation of the trial. However, after Polanski's arrest, David Wells recanted his statements in the film admitting that he had lied and "tried to butter up the story to make me look better". In December 2008, Polanski's lawyer in the United States filed a request to Judge David S. Wesley to have the case dismissed on the grounds of judicial and prosecutorial misconduct. The filing claims that Judge Rittenband (now deceased) violated the plea bargain by keeping in communication about the case

pos: Plea bargain - the court approves the plea agreement and renders guilty judgment. If any of the abovementioned requirements are not satisfied, the court rejects to approve the plea agreement and returns the case to the prosecutor. (Article 213 of the Criminal Procedure Code of Georgia) The plea agreement is concluded between the parties - the prosecutor and the defendant. Notwithstanding the fact that the victim is not party to the criminal case and the prosecutor is not a tool in the hands of the victim to obtain revenge against the offender, the attitude of the victim in relation to the plea

pos: Plea bargain and accept a speedy conviction, regardless of actual guilt. Another argument against plea bargaining is that it may not actually reduce the costs of administering justice. For example, if a prosecutor has only a 25% chance of winning his case and sending the defendant away to prison for 10 years, he may make a plea agreement for a sentence of one year; but if plea bargaining is unavailable, a prosecutor may drop the case completely. Plea bargaining is a significant part of the criminal justice system in the United States; the vast majority (roughly 90%) of criminal cases in the

pos: Plea bargain defendant could subordinate the request to the grant of the suspension; if the judge rejects the suspension, the bargaining is refused. When both the prosecutor and the defendant have come to an agreement, the proposal is submitted to the judge, who can refuse or accept the plea bargaining. According to Italian law, a bargain doesn't need a guilty plea (in Italy there is no plea declaration); for this reason, a bargaining sentence is only an acceptance of the penalty in exchange with the stop of investigation and trial and has no binding cogency in other trials, especially in civil trials

pos: Plea bargain The Federal Rules of Criminal Procedure provide for two main types of plea agreements. An 11(c)(1)(B) agreement does not bind the court; the prosecutor's recommendation is merely advisory, and the defendant cannot withdraw his plea if the court decides to impose a sentence other than what was stipulated in the agreement. An 11(c)(1)(C) agreement, however, binds the court once the court accepts the agreement. When such an agreement is proposed, the court can reject it if it disagrees with the proposed sentence, in which case the defendant has an opportunity to withdraw his plea. Plea bargains are so common in

pos: Plea bargain is not enough to convict someone on its own); both the defendant and the prosecutor consent to it; the court does not have any objections; §§ 68, 69, 70 and 73 of the Penal Code do not apply to the case. In Estonia, plea bargaining was introduced in the 1990s: the penalty is reduced in exchange for confession and avoiding most of the court proceedings. Plea bargaining is permitted for the crimes punishable by no more than four years of imprisonment. Normally, a 25% reduction of the penalty is given. The introduction of a limited form of plea bargaining ("comparution

pos: D.C. sniper attacks in Virginia. After the initial convictions and sentencing, Will Jarvis, the Assistant Prince William County prosecutor, stated he would wait to decide whether to try Malvo on capital charges in his jurisdiction until the U.S. Supreme Court ruled on whether juveniles may be subject to the penalty of execution. While that decision in an unrelated case was still pending before the high court, in October 2004, under a plea agreement, Malvo pleaded guilty in another case in Spotsylvania County, for another murder to avoid a possible death penalty sentence, and agreed to additional sentencing of life imprisonment without parole. Malvo

pos: Plea bargain pronounced by a lower court if in appeal. The accused is disqualified to take part in elections, hold any public office, or obtain a loan from any bank; the accused is also dismissed from service if a government official. In other cases, formal plea bargains in Pakistan are limited, but the prosecutor has the authority to drop a case or a charge in a case and, in practice, often does so, in return for a defendant pleading guilty on some lesser charge. No bargaining takes place over the penalty, which is the court's sole privilege. In some common law jurisdictions,

pos: Plea bargain is never negotiated with a prosecutor. The courts in these jurisdictions have made it plain that they will always decide what the appropriate penalty is to be. No bargaining takes place between the prosecution and the defence over criminal penalties. Plea bargaining is extremely difficult in jurisdictions based on the civil law. This is because unlike common law systems, civil law systems have no concept of plea—if the defendant confesses; a confession is entered into evidence, but the prosecution is not absolved of the duty to present a full case. A court may decide that a defendant is innocent even

pos: Plea bargain the Superior Courts of California (the general trial courts) that the Judicial Council of California has published an optional seven-page form (containing all mandatory advisements required by federal and state law) to help prosecutors and defense attorneys reduce such bargains into written plea agreements. Certain aspects of the American justice system serve to promote plea bargaining. For example, the adversarial nature of the U.S. criminal justice system puts judges in a passive role, in which they have no independent access to information with which to assess the strength of the case against the defendant. The prosecutor and defense may thus

neg: Plea bargain doubt.<br> b) Whether sentence provided for in the plea agreement is legitimate. (Article 212 of the Criminal Procedure Code of Georgia) After both criteria are satisfied the court additionally checks whether formalities related to the legislative requirements are followed and only then makes decision. If the court finds that presented evidence is not sufficient to support the charges or that a motion to render a judgment without substantial consideration of a case is submitted in violation of the requirements stipulated by the Criminal Procedure Code of Georgia, it shall return the case to the prosecution. The court before returning the

neg: Plea bargain should the defendant decide to plead guilty. In the case of hybrid offences in England and Wales, the decision whether to deal with a case in Magistrates Court or Crown Court is not made by magistrates until after a plea has been entered. A defendant is thus unable to plead guilty in exchange for having a case dealt with in Magistrates' Court (which has lesser sentencing powers). Plea bargaining was introduced in India by "The Criminal Law (Amendment) Act, 2005", which amended the Code of Criminal Procedure and introduced a new chapter XXI(A) in the code, enforceable from July 5,

neg: Plea bargain guilty plea. Like other common law jurisdictions, the Crown can also agree to withdraw some charges against the defendant in exchange for a guilty plea. This has become standard procedure for certain offences such as impaired driving. Note that in the case of hybrid offences, the Crown must make a binding decision as to whether to proceed summarily or by indictment prior to the defendant making his or her plea. If the Crown elects to proceed summarily and the defendant then pleads not guilty, the Crown cannot change its election. Therefore, the Crown is not in a position to offer

neg: Plea bargain control the outcome of a case through plea bargaining. The court must approve a plea bargain as being within the interests of justice. The lack of compulsory prosecution also gives prosecutors greater discretion as well as the inability of crime victims to mount a private prosecution and their limited ability to influence plea agreements. Defendants who are held in custody—who either do not have the right to bail or cannot afford bail, or who do not qualify for release on their own recognizance—may get out of jail immediately following the judge’s acceptance of a plea. Generally, once a plea bargain

neg: Burt v. Titlow Court’s ruling. It found in the record that Titlow’s decision to withdraw her offer was based on the fact that the offer was much higher than Michigan’s guidelines for second-degree murder. Also the record shows that there is no indication that Toca informed his client of the consequences of withdrawing her plea. Therefore, she was rendered ineffective counsel because Titlow lost the benefit of the plea bargain. The Circuit Court remanded the case; ordering that the prosecution reoffer the original plea bargain and that the state court should find some remedy for the violation of her right to ineffectual counsel.

neg: Legal case which was originally brought by the grand jury or prosecuter. A defendant who goes to trial risks greater penalties than would normally be imposed through a plea bargain. Legal cases, whether criminal or civil, are premised on the idea that a dispute will be fairly resolved when a legal procedure exists by which the dispute can be brought to a factfinder not otherwise involved in the case, who can evaluate evidence to determine the truth with respect to claims of guilt, innocence, liability, or lack of fault. Details of the procedure may depend on both the kind of case and

neg: Plea bargain Plea bargain as a formal legal provision was introduced in Pakistan by the National Accountability Ordinance 1999, an anti-corruption law. A special feature of this plea bargain is that the accused applies for it, accepting guilt, and offers to return the proceeds of corruption as determined by investigators/prosecutors. After an endorsement by the Chairman National Accountability Bureau, the request is presented before the court, which decides whether it should be accepted or not. If the request for plea bargain is accepted by the court, the accused stands convicted but neither is sentenced if in trial nor undergoes any sentence previously

neg: Plea bargain carries heavy penalties but those accused of it typically confess in exchange for a modest sentence. In China, a plea bargaining pilot scheme has been introduced by the Standing Committee of the National People's Congress in 2016. For defendants that faces jail terms of three years or below, agrees to plea guilty voluntarily and agree with prosecutors' crime and sentencing proposals, will be given mitigated punishments. In 2009, in a case about whether witness testimony originating from a plea deal in the United States was admissible in a Danish criminal trial "(297/2008 H)", the Supreme Court of Denmark (Danish: Højesteret)

neg: Plea bargain if the evidence against innocent defendants is, on average, weaker, the likelihood of plea bargains is not dependent on guilt. Another situation in which an innocent defendant may plead guilty is in the case of a defendant who cannot raise bail, and who is being held in custody in a jail or detention facility. Because it may take months, or even years, for criminal cases to come to trial or even indictment in some jurisdictions, an innocent defendant who is offered a plea bargain that includes a sentence of less time than he would otherwise spend in jail awaiting an

neg: Evan Freed the accident. The case was settled with a plea bargain. In another case, Freed obtained a reduced federal court sentence for a man convicted of rhino horn trafficking. Freed represented one defendant in the 2015 Rowland Heights, California bullying incident, who received a 13-year sentence in a plea bargain. Evan Freed Evan Phillip Freed (born September 11, 1946) is an attorney and freelance photographer who traveled with and photographed the presidential campaign of Robert Kennedy. Freed was present when Sirhan Sirhan shot Kennedy. Evan Freed was born in Los Angeles. He graduated from California State University, Los Angeles and University

neg: A Few Good Men (play) by the name of Lieutenant Daniel Kaffee. Kaffee is an unmotivated lawyer who goes into his cases looking for a plea bargain and the shortest sentence. And it seemed to be that exact case until Jo Galloway makes her appearance in Guantanamo Bay. Kaffee and Galloway do not see eye to eye as she believes this is a serious case of an unspeakable code red while Kaffee can not be bothered with it. He even goes as far as trying to drop the case. The two men are put on trial as main suspects because Santiago had reported he had

neg: Plea bargain United States are settled by plea bargain rather than by a jury trial. Plea bargains are subject to the approval of the court, and different States and jurisdictions have different rules. The Federal Sentencing Guidelines are followed in federal cases and have been created to ensure a standard of uniformity in all cases decided in the federal courts. A two- or three-level offense level reduction is usually available for those who accept responsibility by not holding the prosecution to the burden of proving its case; this usually amounts to a complete sentence reduction had they gone to trial and lost.

neg: Adversarial system of investigative judges. Proponents of inquisitorial justice dispute these points. They point out that many cases in adversarial systems, and most cases in the United States, are actually resolved by plea bargain or settlement. Plea bargain as a system does not exist in an inquisitorial system. Many legal cases in adversarial systems, and most in the United States, do not go to trial, which may lead to injustice when the defendant has an unskilled or overworked attorney, which is likely to be the case when the defendant is poor. In addition, proponents of inquisitorial systems argue that the plea bargain

neg: Karla Homolka an active participant of the crimes. The public grew incensed as the full extent of Homolka's role in the case was finally exposed and the plea agreement now seemed unnecessary. However, as was provided in the plea bargain, Homolka had already disclosed sufficient information to the police and the Crown found no grounds to break the agreement and reopen the case. Homolka's plea bargain had been offered before the contents of the videotapes were available for review. Anne McGillivray, Associate Professor of Law at the University of Manitoba, explained the continuing public antagonism against Homolka: There was widespread belief that

neg: Plea bargain unanimously ruled that plea bargains are "prima facie" not legal under Danish law, but that the witnesses in the particular case would be allowed to testify regardless (with the caveat that the lower court consider the possibility that the testimony was untrue or at least influenced by the benefits of the plea bargain). The Supreme Court did however point out that Danish law contains mechanisms similar to plea bargains, such as of the Danish Penal Code (Danish: Straffeloven) which states that a sentence may be reduced if the perpetrator of a crime provides information that helps solve a crime perpetrated

neg: Bill Walker (American politician) a $3.2 billion gap in the state's budget. In September 2018, the office of Anchorage District Attorney Richard K. Allen entered into a controversial plea bargain in the case of a former FAA air traffic controller who allegedly kidnapped a native Alaskan woman in the middle of the day from a gas station, choked her until she passed out and then masturbated over her. In response to citizen outrage at the reduced sentence, Walker issued a statement saying the sentence was insufficient and that he wanted to toughen the law. He said he would propose legislation that makes unwanted contact

neg: Alford plea defines the plea as one in "which the defendant adheres to his/her claim of innocence even while allowing that the government has enough evidence to prove his/her guilt beyond a reasonable doubt". According to the book "Gender, Crime, and Punishment" published by Yale University Press, "Under the Alford doctrine, a defendant does not admit guilt but admits that the state has sufficient evidence to find him or her guilty, should the case go to trial." "Webster's New World Law Dictionary" defines Alford plea as: "A guilty plea entered as part of a plea bargain by a criminal defendant who denies

neg: Gideon v. Wainwright a lighter sentence by negotiating a plea bargain as compared with going to trial and perhaps having a harsher sentence imposed. Tanya Greene, an ACLU lawyer, has said that is why 90 to 95 percent of defendants do plead guilty: "You've got so many cases, limited resources, and there's no relief. You go to work, you get more cases. You have to triage." The "Doughty v. Maxwell" decision demonstrates the differences between how states and the federal government address standards for waiver of the right to counsel. In this case the Supreme Court granted certiorari and reversed the decision of

neg: Litigation risk analysis to decide whether to pursue a case or offer a plea bargain if this is permitted. The term litigation risk analysis was first coined by Marc Victor. Litigation risk analysis is a growing practice by lawyers, mediators, and other alternative dispute resolution (ADR) professionals. When applied in mediation settings, litigation risk analysis is used to determine litigated best alternative to negotiated agreement (BATNA) and worst alternative to negotiated agreement (WATNA) scenarios based upon the probabilities and possible outcomes of continuing to litigate the case rather than settle Simple Risk Analysis in Mediation. The process of performing a litigation risk analysis

neg: Theodore Olson Olson handled the appeal to United States Court of Appeals for the D.C. Circuit. Olson argued the life sentence Pollard received was in violation of the plea bargain agreement, which had specifically excluded a life sentence. Olson also argued that the violation of the plea bargain was grounds for a mistrial. The Court of Appeals ruled (2‑1) that no grounds for mistrial existed. Olson argued a dozen cases before the Supreme Court prior to becoming Solicitor General; In one case, he argued against federal sentencing guidelines; and, in a case in New York state, he defended a member of the

neg: Plea lenient punishment for the defendant; it is thus a type of mitigating factor in sentencing. A plea bargain is when a defendant makes a deal with the prosecution or court to plead guilty in exchange for a more lenient punishment, or for related charges against them to be dropped. A "blind plea" is a guilty plea entered with no plea agreement in place. Plea bargains are particularly common in the United States. Other countries use a more limited form of plea bargaining. In the United Kingdom and Germany, guidelines state that only the timing of the guilty plea can affect

neg: O. J. Simpson robbery case … and I talked to you directly about that". Simpson, represented by attorney Patricia Palm, filed a motion for retrial. In May 2013, the motion was heard; the week-long hearing included testimony from witnesses and Simpson. Simpson was represented at the hearing by Palm, who was joined by attorneys Ozzie Fumo and Thomas Pitaro. Simpson's main argument was ineffective assistance of counsel. Simpson alleged his counsel Yale Galanter did not tell him about alleged plea-bargain offers that would have resulted in substantially shorter sentences. Grasso testified that it was Galanter's decision not to have Simpson testify. On May 17, 2013,

neg: Plea bargain right to appeal. In Japan, plea bargaining was previously forbidden by law, although sources reported that prosecutors illegally offered defendants plea bargains in exchange for their confessions. Plea bargaining was introduced in Japan in June 2018. The first case of plea bargaining under this system, in July 2018, involved allegations of bribery by Mitsubishi Hitachi Power Systems in Thailand. The second case was a November 2018 deal to obtain evidence of accounting and securities law violations against Nissan executives Carlos Ghosn and Greg Kelly. Under the Japanese system, formally known as the , plea bargaining is available in prosecutions for

neg: Nolo contendere arising from the same conduct. Lichon, 435 Mich at 417. In Texas, the right to appeal the results of a plea bargain taken from a plea of either ' or "guilty" is highly restricted. Defendants who have entered a plea of ' may only appeal the judgment of the court if the appeal is based on written pretrial motions ruled upon by the court. The Virginia Rules of Evidence differ from the parallel federal rules in that a " plea entered in a criminal case is admissible in a related civil proceeding. In the Commonwealth countries—such as England and Wales,

neg: Criminal procedure in South Africa a plea of guilty by the accused, in which case the magistrate proceeds with questioning, as with section 112. If the magistrate is satisfied that it is a genuine plea of guilty, he adjourns the case for a decision of the DPP, who may Section 122 deals with a plea of not guilty by the accused, in which case the magistrate proceeds as with a plea of not guilty in a summary trial as stated in section 115. Thereafter magistrate adjourns proceedings for a decision of the DPP, who may Section 106 says that an accused is entitled to a

neg: Citizens for Constitutional Freedom case, though his request to not have standby counsel was denied. On May 12, Scott Willingham pleaded guilty to one of two counts of theft of government property filed against him, being the first of the militants to submit a guilty plea. Under a plea bargain, Willingham will face six months in prison, followed by two years of supervised release, and he also agreed to undergo a mental health evaluation and pay an unspecified amount of restitution to the U.S. government. On May 19, Corey Lequieu pleaded guilty to conspiracy to impede federal officers as part of a plea bargain

neg: Plea bargain also called a plea agreement or negotiated plea, is an alternative and consensual way of criminal case settlement. A plea agreement means settlement of case without main hearing when the defendant agrees to plead guilty in exchange for a lesser charge or for a more lenient sentence and/or for dismissal of certain related charges. (Article 209 of the Criminal Procedure Code of Georgia) The main principle of the plea bargaining is that it must be based on the free will of the defendant, equality of the parties and advanced protection of the rights of the defendant: a) In order to

neg: Citizens for Constitutional Freedom legal definition of a "crime of violence" as defined by Ninth Circuit case law. From June 14 to June 23, Geoffrey Alan Stanek, Jason Blomgren, and Wesley Kjar all pleaded guilty to a federal conspiracy charge as part of plea bargain deals. On June 29, Brian Cavalier also pleaded guilty to a federal conspiracy charge, as well as a firearms possession charge, as part of a plea bargain deal. Cavalier's plea deal does not affect federal charges pending against him in Nevada. On June 30, Ammon Bundy's defense team filed a motion asking for a delay for their client's September

neg: Ali Saleh Kahlah al-Marri damage to American liberties, and how lasting it will be, will be told in part by the outcome of two cases [Ali al-Marri's "enemy combatant" and Maher Arar's "extraordinary rendition"] that are to be heard by the federal courts." They said the Obama administration would have to decide "whether to defend the indefensible when the case comes to trial." Following this review, the government transferred Al-Marri's case from military custody to the federal court system and went to trial. In a 2009 plea bargain, al Marri pleaded guilty to one count of conspiracy to support a terrorist group. He was

neg: Morris Pashman "aberration," saying that "I think every judge or justice is entitled to one." In a 1966 ruling in a case filed by the Passaic County Bar Association, Pashman's decision stated that the Passaic County Board of Chosen Freeholders was obligated to replace the county courthouse due to inadequate conditions in the building. A new building was constructed within four years of the order. In a 1971 case, Pashman agreed to a plea bargain that would allow Edgar Smith to go free based on time served. Smith had been convicted of the 1957 murder of a 15-year-old cheerleader and assessed the

neg: Nolo contendere Nolo contendere In criminal trials in certain United States jurisdictions, it is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of guilty or not guilty. A no-contest plea, while not technically a guilty plea, has the same immediate effect as a guilty plea and is often offered as a part of a plea bargain. In many jurisdictions a plea of " is not a typical right and carries various restrictions on its use. In the United States, State law determines whether, and under what circumstances, a defendant may plead no

neg: United States v. Miller Miller had been killed and Layton made a plea bargain after the decision was handed down, so there were no claimants left to continue legal proceedings. The U.S. Supreme Court has mentioned "Miller" in only 7 subsequent cases: "Konigsberg" (1961); "Atlanta Motel" (1964); "Adams" (1972); "Lewis" (1980); "Printz" (1997); "Heller" (2008) and "McDonald v. City of Chicago" (2010); Justice James Clark McReynolds authored the decision in "United States v. Miller" which was the only Supreme Court case that directly involved the Second Amendment until "District of Columbia v. Heller" in 2008. The Supreme Court's interpretations of the 1939 "Miller" opinion:

neg: Moshe Katsav of president in the interim in a "caretaker" capacity. On 7 March 2007, an attempt to impeach Katsav failed. In accordance with a plea bargain, Katsav resigned effective on 1 July 2007 (his seven-year term was scheduled to run out constitutionally on 15 July 2007). In March 2009, Katsav's brother Lior said the decision to indict Katsav was tantamount to a "blood libel". On 28 June 2007, Katsav's lawyers reached a plea bargain in which Katsav would plead guilty to several counts of sexual harassment and indecent acts and receive a suspended jail sentence. He would pay compensation to two

neg: David Kaczynski evaluation and treatment. The Justice Department's subsequent active pursuit of the death penalty for Ted, and Attorney General Janet Reno's initial refusal to accept a plea bargain in exchange for a life sentence, was seen by Kaczynski and other members of his family as a betrayal. Such a plea bargain was eventually reached, and Ted was sentenced to serve life imprisonment with no possibility of parole. Kaczynski has since said that the decision to report his brother was painful but he felt morally compelled to do so. David Kaczynski received a $1 million reward posted by the FBI for the

neg: Plea bargaining in the United States Plea bargaining in the United States Plea bargaining in the United States is very common; the vast majority of criminal cases in the United States are settled by plea bargain rather than by a jury trial. They have also been increasing in frequency—they rose from 84% of federal cases in 1984 to 94% by 2001. Plea bargains are subject to the approval of the court, and different States and jurisdictions have different rules. Game theory has been used to analyze the plea bargaining decision. The constitutionality of plea bargaining was established by "Brady v. United States" in 1970, although the

neg: Shannon's law (Arizona) their cause. After the Arizona legislature failed to pass the law twice in 1999, it finally received both state senate and state house approval in April 2000, and was enacted in that July. The NRA supported the law and worked in cooperation to form the 'Shannon's Law' Violation of "Shannon's law" is defined as a felony offense in Arizona. However, as with most felony offenses in United States jurisdictions, a person charged with this offense can strike a plea bargain with prosecutors, and may be eligible for only a misdemeanor conviction. The decision of whether such an offer is available

neg: Rudolph Contreras of their investigation into Russian interference in the 2016 U.S. presidential election. The guilty plea was part of a plea bargain with the Special Counsel investigation led by Robert S. Mueller III. On December 7, 2017, Contreras was recused from further sentencing hearings scheduled to take place in the future. The case was randomly reassigned to District Judge Emmet G. Sullivan. According to several reputable sources text messages show that Peter Strzok, a veteran FBI counterintelligence official who worked on the Flynn case as part of Mueller’s team, knew Contreras. Rudolph Contreras Rudolph Contreras (born December 6, 1962) is a

neg: Plea bargain though they presented a full confession. Also, unlike common law systems, prosecutors in civil law countries may have limited or no power to drop or reduce charges after a case has been filed, and in some countries their power to drop or reduce charges "before" a case has been filed is limited, making plea bargaining impossible. Since the 1980s, many civil law nations have adapted their systems to allow for plea bargaining. In 2013 Brazil passed a law allowing plea bargains, which have been used in the political corruption trials taking place since then. In the Central African Republic, witchcraft

neg: Plea bargain 2006. It allows plea bargaining for cases in which the maximum punishment is imprisonment for 7 years; however, offenses affecting the socio-economic condition of the country and offenses committed against a woman or a child below 14 are excluded. In 2007, Sakharam Bandekar case became the first such case in India where the accused Sakharam Bandekar requested lesser punishment in return for confessing to his crime (using plea bargaining). However, the court rejected his plea and accepted CBI's argument that the accused was facing serious charges of corruption. Finally, the court convicted Bandekar and sentenced him to 3 years imprisonment.

neg: Plea bargain Plea agreement without the approval of the court doesn’t have the legal effect. The court must satisfy itself that the plea agreement is concluded on the basis of the free will of the defendant, that the defendant fully acknowledges the essence of the plea agreement and its consequences. (Article 212 of the Criminal Procedure Code of Georgia) Guilty plea of the defendant is not enough to render guilty judgment. (Article 212 of the Criminal Procedure Code of Georgia) Consequently, court is obliged to discuss 2 important issues: a) Whether irrefutable evidence is presented which proves the defendant’s guilt beyond reasonable

neg: Plea bargaining in the United States the Bill of Rights. This position has been rejected by the nation's courts. Plea bargaining in the United States Plea bargaining in the United States is very common; the vast majority of criminal cases in the United States are settled by plea bargain rather than by a jury trial. They have also been increasing in frequency—they rose from 84% of federal cases in 1984 to 94% by 2001. Plea bargains are subject to the approval of the court, and different States and jurisdictions have different rules. Game theory has been used to analyze the plea bargaining decision. The constitutionality of

neg: Nicanor Faeldon not plea bargain to any of the offenses he was charged with in connection with the alleged mutiny and that he was continuing the fight they began at Oakwood. In the said statement, he declared that he respects the decision of his co-accused to plead guilty but that he was asserting that nothing had changed since he and his co-accused took over Oakwood four years earlier. He cited rampant corruption and increasing politization in the military. He stated that a plea bargain would be a ratification of Gloria Macapagal Arroyo's doubtful legitimacy. He also indicated that when he went to

neg: Mary Beth Buchanan a patently offensive manner, and violates contemporary community standards. This standard was the one that was to determine the jury's calculus of guilt in the case of US vs. Karen Fletcher. In the end, the case did not go to trial. Fletcher, a recluse living on disability payments, opted to accept a plea bargain. One of her lawyers, Lawrence Walters, stated that his client, who has agoraphobia, a fear of public places, is not capable of sitting through what likely would be a week-long trial. Under the proposed plea agreement, Fletcher would avoid prison and be sentenced to a term

neg: Vermont vs Hunt (1982) Vermont vs Hunt (1982) The case Vermont vs Hunt (1982) had two major outcomes. One was a ruling by the Vermont Supreme Court that side judges had the right to vote on plea agreements. The second was a lengthy review of judges' conduct used to reach this conclusion. This resulted in the state Judicial Conduct Board bringing 24 formal charges against three Supreme Court judges. The state accused Gordon Hunt of murdering a neighbor in 1982. His attorney attempted to plea bargain for a minimum sentence of ten years. The judge who heard the case, James L. Morse, accepted the

neg: Anthony Weiner sexting scandals prompting FBI Director James Comey to reopen that investigation late into the 2016 US presidential election. Hillary Clinton has cited Comey's decision as one reason why she lost the election to Donald Trump. On January 31, 2017, "The Wall Street Journal" reported that federal prosecutors were weighing whether to bring child pornography charges against Weiner over the incident. On May 19, 2017, the "New York Times" reported Weiner had surrendered to the FBI that morning, and under a plea bargain he intended to plead guilty to a single charge of transferring obscene material to a minor. Abedin reportedly filed for

neg: Islamic Movement in Israel was shut down, and after a short period 'The Organization of the Humanitarian Rescue Committee' was established in its stead. In the same year Eli Yishai, then Interior Minister, decided to close the newspaper of the northern branch, though the decision was never implemented. In 2003, the heads of the northern branch of the movement were arrested under suspicion of aiding Hamas, of which two-thirds were released almost immediately. The remaining suspects were detained, but most were released during 2005 after signing a plea bargain. Both the arrests and the plea bargain stirred opposition from both the left wing and

neg: 2010 Arizona prison escape after he was sentenced. He was 52. Steven Yarborough, then acting U.S. Attorney for New Mexico, was asked by reporters if the millions spent on the trial was worth it. He said it had not been his decision. The sentencing hearing of McCluskey took place on June 3, 2014. He received life imprisonment plus 235 years. Province was sentenced to life in prison the preceding day, per a plea bargain in exchange for testimony against McCluskey. Welch, 47, was also sentenced on June 2, receiving 40 years, per her own plea bargain. Her defense had requested a 20-year sentence and

neg: Edward E. Kramer of an Alford plea to one charge for each of the three victims, just before his trial was scheduled to start. In 2014, he sought to reverse the 2013 plea, with his lawyer claiming Kramer was forced into the plea bargain through prosecutorial misconduct. The Georgia State Attorney’s Office ordered the recusal of both the district attorney and the Gwinnett District Attorney’s Office from the case, since they were also witnesses in the action. All Gwinnett County Judges voluntarily recused themselves as well. Edward E. Kramer Edward E. Kramer (born March 20, 1961) is an American editor who has edited

neg: Edward D. DiPrete who also found the Attorney General's office guilty of 10 findings of "egregious prosecutorial misconduct." He was subsequently charged again, and in December 1998, he pleaded guilty to state charges of bribery, extortion and racketeering, and was sentenced to a year in prison. In a plea bargain he also admitted accepting $250,000 in exchange for state contracts during his term as governor. DiPrete agreed to this plea bargain only after assurance that pending charges against a family member would be dismissed. Those charges against his son were dismissed in their entirety prior to the Governor agreeing with the plea bargain.

neg: Brandon Marshall of 14th and Blake St. for driving under the influence of alcohol. A trial was scheduled for September 16, but Marshall instead agreed to a plea bargain four days earlier; he pleaded guilty to a reduced charge of driving while ability impaired. He was sentenced to one-year probation and 24 hours of community service. On June 12, 2008, Marshall was ticketed for an illegal lane change, then found to be without his license and proof of insurance. The case was eventually dropped as part of a plea bargain for the October 22, 2007 driving incident involving alcohol. A September 17,

neg: Old Fire crime only to appease authorities so that he could be transferred to a prison closer to his mother. In September 2011, Fowler moved to dismiss the indictment because the prosecutors had failed to present exculpatory evidence to the grand jury. In January 2012, he was reportedly discussing a plea bargain, but no plea bargain was reached and the case went to trial. The trial started July 2012 in San Bernardino. rescheduled from January, Prosecutors charged special circumstances which can bring the death penalty. On August 15, 2012, Fowler was convicted of five counts of murder and two counts of arson.

neg: Ehud Olmert plea bargain with Zaken, under which she would plead guilty, and prosecutors would not request a prison term longer than 11 months. As part of the plea bargain, Zaken agreed to provide evidence and testify against Olmert as a state's witness. On 10 July 2012, Olmert was convicted on one count of breach of trust over the investment center case, but exonerated over the Talansky and Rishon Tours affairs. In September 2012, he was given a one-year suspended sentence and a fine of ₪75,000 ($21,000). On 31 March 2014, five years to the day after he was replaced by Benjamin

neg: Mystikal plea bargain, all three pleaded guilty. Mystikal initially claimed that the incident was consensual, but a videotape of the incident was later found at his home shortly after the charges were made. Negotiations during the trial held the videotape from being entered as evidence and Mystikal agreed to the plea bargain offered by the prosecution, avoiding the mandatory life sentence for sexual battery in Louisiana and expecting to receive probation. However, the case took a twist when the judge viewed the videotape at the sentencing, took into account Mystikal's two prior arrests (for drug and gun possession), and had him

neg: Jury trial criminal cases are not concluded with a jury verdict, but rather by plea bargain. Both prosecutors and defendants often have a strong interest in resolving the criminal case by negotiation resulting in a plea bargain. If the defendant waives a jury trial, a bench trial is held. For civil cases, a jury trial must be demanded within a certain period of time per Federal Rules of Civil Procedure 38. In United States Federal courts, there is no absolute right to waive a jury trial. Per Federal Rules of Criminal Procedure 23(a), only if the prosecution and the court consent may

neg: Serial (podcast) allowing Syed to appeal his conviction on grounds his attorney, Cristina Gutierrez, had provided ineffective counsel for failing to seek a plea bargain during his trial. The Court also announced that they would address the question of whether new evidence from Asia McClain, providing an alibi for Syed, would be admitted. Three months later the case was remanded back to the lower court, where Asia McClain and others testified in February 2016. Koenig attended that hearing and produced three short "update" episodes of "Serial", but the podcast run abruptly stopped when Koenig left to continue production of Season Two. On

neg: Mark Fuhrman members of Garcetti's office made public statements on the issue, and Garcetti, citing the high emotions in his office about the Simpson case, opted to tender the decision to prosecute to Attorney General Dan Lungren, to avoid the appearance of a conflict of interest. On July 5, 1996, Lungren announced that he would file perjury charges against Fuhrman and soon thereafter offered Fuhrman a plea bargain. On October 2, Fuhrman accepted the deal and pleaded no contest to the charges. He was sentenced to three years' probation and fined $200. Fuhrman is the only person to have been convicted of

neg: Alford plea can take advantage of the ability to use the Alford guilty plea, by admitting there is enough evidence to convict them of a higher crime, while at the same time pleading guilty to a lesser charge. Defendants usually enter an Alford guilty plea if they want to avoid a possible worse sentence were they to lose the case against them at trial. It affords defendants the ability to accept a plea bargain, while maintaining innocence. This form of guilty plea has been frequently used in local and state courts in the United States, though it constitutes a small percentage of

neg: The Accused (1988 film) her breakthrough to adult roles and brought her numerous accolades including the Academy Award for Best Actress. On April 18, 1987 at a local bar called "The Mill", 24-years old working-class woman Sarah Tobias (Jodie Foster) is brutally gang raped by several drunk bar patrons, while onlookers cheer them on. Assistant district attorney Kathryn Murphy (Kelly McGillis) is assigned to the rape case. Her superior instructs Murphy to offer a plea bargain with the rape defendants that requires some jail time. They make a plea bargain to charges of reckless endangerment, and are sentenced to prison. Sarah is enraged by

neg: Runaway bride case a charge that could have resulted in up to five years of imprisonment. On June 2, 2005, Wilbanks pleaded no contest to this charge. As part of her plea bargain, she was sentenced to two years of probation and 120 hours of community service, and she was also ordered to pay $2,250 in restitution to the Gwinnett County Sheriff's Department. As part of the plea bargain, a misdemeanor charge of filing a false police report was dismissed. Wilbanks's criminal record was expunged after she successfully completed her period of probation. On March 15, 2008, Wilbanks's ex-fiancé, John Mason, married another

neg: Larry Davis (minister) handed down a seven-count indictment including falsifying a loan application and tax evasion, and misappropriation of more than $700,000 taken over a period of three years. Despite his attorney's claim that Davis was unlikely to enter a plea bargain agreement and was eager to clear his name, in October 2005 Davis entered a plea bargain arrangement and resigned as pastor. On February 15, 2006, federal Judge David Bunning sentenced Davis 30 months-—the maximum the charges permitted. Bunning explained his reasons for the sentence by citing several factors including Davis' abuse of trust (which he likened to a public corruption case),

neg: Charles W. Pickering Daniel Swan, who had participated with two others in a cross burning, should receive a reduced sentence. The other participants in the cross-burning had escaped jail sentences for the crime because of plea bargaining. During the course of testimony, Pickering came to suspect that the Civil Rights Division had made a plea bargain with the wrong defendant. He felt that one of the other defendants, a 17-year-old, was more likely the ringleader of the group. When it came time to sentence Swan, Pickering questioned whether it made sense that the most-guilty defendant got off with a misdemeanor and no jail

neg: Cannabis trafficking penalties for juveniles plea bargain by the US attorney, if the defendant accepts the plea bargain the case is not taken to trial. During a criminal trial it is the governments duty to provide the trial with evidence proving the defendants guilt, the defendants do not provide evidence to prove innocence. If at the end of the trial the defendant is not found guilty, he is released and the prosecution may not appeal. The Colombian Judiciary System is made of a Constitutional Court, Supreme Court of Justice, Council of State, the Higher Judiciary Council, and superior and municipal courts. It does not have

neg: Rape by deception woman into consensual sex within ten minutes of their first meeting by, according to the amended indictment, lying about being Jewish, unmarried, and interested in a long-term relationship. (In later interviews, the man later denied the allegations that he lied, but such denials were not mentioned in his plea bargain.) However, it was later reported that the charge had actually been the result of a plea bargain with the defendant in what had originally been a rape-by-force case where the records were sealed by the judge to protect the identity of the victim and avoid the cross-examination of her. (The

neg: Jonathan Pollard was out of proportion to those given to others who committed similar crimes, and that the U.S. failed to live up to its plea bargain. Some Israeli activists compared President Bush to Hamas and Hezbollah leaders who have taken Israeli soldiers prisoner. Some who feel the sentence was excessive point out that although Pollard pleaded guilty as part of a plea bargain for himself and his wife, he was shown no leniency, and was given the maximum sentence with the exception of death; Pollard's opponents answer that Pollard broke the terms of that plea agreement even before the sentence was

neg: Relinquishment of United States nationality prior to 1984, a State Department official refused to certify that a renunciation under such a plea bargain was voluntary. Some cases from the late 1950s and 1960s held that a potentially expatriating act could not actually cause loss of citizenship absent awareness that one had citizenship. Later case law modulated this: in "Breyer v. Meissner" (2000), the Third Circuit stated in "dicta" that voluntary service in the Waffen-SS during World War II would constitute "unequivocal renunciation of American citizenship whether or not the putative citizen [was] then aware that he has a right to American citizenship". places the burden

neg: A Few Good Men Jonathan James Kendrick, to 'train' Santiago to become a better Marine. Naval investigator and lawyer Lieutenant Commander JoAnne Galloway suspects Dawson and Downey carried out a "code red": a violent extrajudicial punishment. Galloway wants to defend them, but the case is given to Lieutenant (Junior Grade) Daniel Kaffee, an inexperienced and unenthusiastic lawyer with a penchant for plea bargains. Initially, friction exists between Galloway, who resents Kaffee's apparent laziness, and Kaffee, who resents Galloway's interference. Kaffee negotiates a plea bargain with his friend, Marine Captain Jack Ross (USMC); Dawson refuses the deal, insisting Kendrick had given the "code red" order

neg: Relinquishment of United States nationality people who hoped to regain or retain U.S. citizenship, in practice they have also resulted in involuntary retroactive restoration of U.S. citizenship, without notification, to people who were unwilling to have their citizenship restored. In general, the Department of Justice takes the position that renunciation pursuant to a plea bargain is voluntary and demonstrates intent to give up U.S. citizenship. However, the Office of Legal Counsel outlined some circumstances under which a court might regard such a renunciation as involuntary, including "physical or mental intimidation", material misrepresentation of the plea agreement, or withholding material evidence. In at least one case

neg: Roman Polanski sexual abuse case she "wasn't unresponsive", and that she did not respond negatively when he inquired as to whether or not she was enjoying what he was doing. The 28-page probation report submitted to the court by Kenneth Fare (signed by deputy Irwin Gold) concluded by saying that there was evidence "that the victim was not only physically mature, but willing." The officers quoted two psychiatrists' denial of Roman being "a pedophile" or "sexual deviate". Claiming to protect Geimer from a trial, her attorney arranged a plea bargain. Polanski accepted, and, under the terms of the agreement, the five initial charges were dismissed.

neg: Juries in the United States the event of a hung jury, charges against the defendant are not dropped and can be reinstated if the state so chooses. In the federal system, a unanimous verdict is required. The vast majority of U.S. criminal cases are not concluded with a jury verdict, but rather by plea bargain. Both prosecutors and defendants often have a strong interest in resolving the criminal case by negotiation resulting in a plea bargain. If the defendant waives a jury trial, a bench trial is held. Research indicates there is not a consistent difference between penalties handed down in jury trials and those

neg: University of Michigan basketball scandal his decision to attend Michigan. Although White was one of several players captured on federal wiretaps and interviewed by both the FBI and IRS, he cooperated fully and did not need to hire a lawyer. Although he was not implicated, he transferred from Michigan to play for the Missouri Tigers men's basketball team after clashing with Steve Fisher. In late 1999, Martin originally agreed to a plea bargain in which he agreed to disclose information about the payments. The agreement with the United States Attorney's office, whose Assistant U.S. Attorney Richard Convertino led the prosecution case against Martin, was nearly

neg: Johnny Sutton the DoJ refrain from commenting to the media about the case. On April 19, 2006, Sutton announced a plea bargain arrangement with Santillan including a 25-year jail sentence, with no murder charge or plea included. Furthermore, Sutton was criticized by former Congresswoman Cynthia McKinney for approaching journalist Bill Conroy in an alleged attempt to dissuade him from covering the story: McKinney admonished Sutton for "an attempt ... to intimidate a journalist who has reported facts that are embarrassing to him". In addition to Morales, Sutton's notable cases included prosecution of two San Antonio city council members and two lawyers on

neg: Plea bargaining in the United States it if it disagrees with the proposed sentence, in which case the defendant has an opportunity to withdraw his plea. Plea bargains are so common in the Superior Courts of California that the Judicial Council of California has published an optional seven-page form (containing all mandatory advisements required by federal and state law) to help prosecutors and defense attorneys reduce such bargains into written plea agreements. In California, plea bargaining is sometimes used in proceedings for involuntary commitment for mental disorder. Some individuals alleged to be dangerous to self and/or dangerous to others bargain to be classified instead as merely

neg: Miazga v Kvello Estate The court upheld its prior decisions that there are four required elements for the tort of malicious prosecution: In the case at bar, the first element was not at issue. Although there was some debate in the lower courts about whether the plea bargain affected the second element, it was not a live issue before the Supreme Court. The Court recognized that "reasonable and probable grounds" is a lower standard than "reasonable prospect of conviction" (which is the standard used in most Crown offices), but noted that it remained appropriate. The Court found that "reasonable and probable grounds" is concerned

neg: Plea bargain is made and accepted by the courts, the matter is final and cannot be appealed. However, a defendant may withdraw his plea for certain legal reasons, and a defendant may agree to a "conditional" plea bargain, whereby s/he pleads guilty and accepts a sentence, but reserves the right to appeal a specific matter (such as violation of a constitutional right). If the defendant does not win on appeal the agreement is carried out; if the defendant is successful on appeal the bargain is terminated. The defendant in "Doggett v. United States" made such a bargain, reserving the right to appeal

neg: Sara Jane Olson her name to her alias, Sara Jane Olson. She also published a cookbook titled "Serving Time: America's Most Wanted Recipes". On October 31, 2001, she accepted a plea bargain and pleaded guilty to two counts of possessing explosives with intent to murder. As part of a plea bargain, the other charges were dropped. Immediately after entering the plea, however, Olson told reporters that she was innocent and that she had decided to take a plea bargain due to the climate after the September 11 attacks, in which she felt an accused bomber could not receive a fair trial from a

neg: Plea bargain plea negotiation, innocent defendants are highly risk-averse. More pressure to plea bargain may be applied in weak cases (where there is less certainty of both guilt and jury conviction) than strong cases. Prosecutors tend to be strongly motivated by conviction rates, and "there are many indications that prosecutors are willing to go a long way to avoid losing cases, [and that] when prosecutors decide to proceed with such weak cases they are often willing to go a long way to assure that a plea bargain is struck". Prosecutors often have great power to procure a desired level of incentive, as

neg: Justin Brooks an LL.M in Trial Advocacy from Georgetown University Law Center. Brooks has practiced as a criminal defense attorney in Washington, D.C., California, Illinois and Michigan, taking court-appointed cases in D.C. for three years and "pro bono" cases for death row inmates in Michigan and Illinois for six years. In the mid-1990's, Brooks read about the case of a 21-year-old Chicago women, Marilyn Mulero, who had been sentenced to death without a trial, based on a plea bargain. The situation made no sense to Brooks: virtually always, a defendant plea bargains for a lesser sentence, yet Mulero had received the harshest

neg: Deaths of Phillip Esposito and Louis Allen case speculated that some jurors' known opposition to the death penalty may have influenced their votes for acquittal. Soon after his acquittal, Martinez received an honorable discharge from the National Guard. Publicly, Martinez "proclaimed his innocence and a sense of vindication." Military prosecutors repeated their belief in Martinez's guilt. In 2009, a report in "The New York Times" revealed that Martinez had offered in 2006 to plead guilty to 2nd-degree murder in an attempted plea bargain that was ultimately rejected by the government. Martinez's guilty plea offer was signed by his two Army defense lawyers who were permitted by Army

neg: Faith Evans (U.S. Marshal) the 1964 case of Henry Huihui, a leading figure in Hawaii's underworld, who became a protected Federal witness in a plea bargain that required him to testify, on request, about crimes he knows about. According to Evans: Another high-profile case was that involving Franklin Y.K. Sunn. Hawaii's top welfare officer who was jailed on a contempt-of-court charge in 1983. Before the judge set Sunn free, Evans said: Evans was also a registered nurse who worked at St. Francis Hospital. She founded the Puerto Rican Heritage Society in Hawaii and, in 2000, led the Puerto Rican Centennial Commission of Hawaii. During

neg: Campbell County High School shooting stating that Bartley accepted the plea bargain without having a "meaningful opportunity" to discuss it with his parents. A court hearing held in June 2011 included testimony indicating that Bartley's original attorney had whispered the terms of the proposed plea bargain to Bartley while the frightened defendant was watching prospective jurors file into the courtroom, that the attorney had not advised Bartley on the merits of the proposal, and that Bartley considered the proposal for only three seconds before accepting it, without discussing it with his parents or the therapist who had been involved with his earlier plea negotiations. After

neg: Roman Polanski sexual abuse case Roman Polanski sexual abuse case In March 1977, film director Roman Polanski was arrested and charged in Los Angeles with five offenses against Samantha Geimer (), a 13-year-old girl – rape by use of drugs, perversion, sodomy, lewd and lascivious act upon a child under 14, and furnishing a controlled substance to a minor. At his arraignment, Polanski pleaded not guilty to all charges but later accepted a plea bargain whose terms included dismissal of the five initial charges in exchange for a guilty plea to the lesser charge of engaging in unlawful sexual intercourse. Polanski underwent a court-ordered psychiatric

neg: Carmen Ortiz plea-bargain agreement." In a plea deal, Ortiz had agreed to leniency, but she "substantively argued" for a harsher sentence. The Appeals Court ruled that Ortiz "violated the plea agreement it entered into with Gonczy," and it vacated the sentence. Ortiz's office sought to confiscate the Motel Caswell in Tewksbury, Massachusetts from its owner, Russ Caswell. Prosecutors contended that, despite the fact that Caswell himself had never been charged with any crime, his property was subject to civil forfeiture as a long-term site of criminal activity. Ortiz's spokeswoman said "The government believed that this was an important case, not only for

neg: McGill University Health Centre breach of trust, taking secret commissions and money laundering. Porter had since left Canada, and was apprehended by INTERPOL agents with his wife in Panama, where he remained imprisoned awaiting extradition to Canada. One guilty plea and one acquittal were registered in the corruption case. Former SNC-Lavalin vice president of construction Riadh Ben Aissa entered a guilty plea in court to one charge of using a forged document. In a plea bargain, prosecutors dropped 15 other charges against him. McGill University Health Centre The McGill University Health Centre (MUHC; ) is one of two major healthcare networks in the city