NCJ Number
53678
Journal
Journal of Criminal Law and Criminology Volume: 69 Issue: 4 Dated: (WINTER 1978) Pages: 484-492
Date Published
1978
Length
9 pages
Annotation
THE INSTITUTION OF PLEA BARGAINING AS A LEGITIMATE ELEMENT OF THE CRIMINAL PROCESS IS HIGHLIGHTED IN VIEW OF THE BORDENKIRCHER DECISION.
Abstract
IN BORDENKIRCHER V. HAYES, THE SUPREME COURT HELD THAT THE DUE PROCESS CLAUSE OF THE 14TH AMENDMENT IS NOT VIOLATED WHEN A STATE PROSECUTOR CARRIES OUT A THREAT MADE DURING PLEA NEGOTIATIONS TO HAVE THE ACCUSED REINDICTED ON MORE SERIOUS CHARGES IF HE DOES NOT PLEAD GUILTY TO THE OFFENSE WITH WHICH HE WAS ORIGINALLY CHARGED. THIS HOLDING NOT ONLY SIGNALS THE EXPANSION OF THE PROSECUTOR'S LEGITIMATE LEVERAGE IN THE PLEA BARGAINING SITUATION BUT ALSO MAY PROVE ADVANTAGEOUS TO DEFENDANTS SINCE IT ENCOURAGES PROSECUTORS TO BRING THEIR INITIAL CHARGES AT A LOWER LEVEL. UNTIL BORDENKIRCHER, THE COURT'S FEW RULINGS ON THE ISSUE HAVE BEEN DIRECTED AT INTRODUCING SAFEGUARDS INTO THE PLEA BARGAINING SITUATION. THE COURT HAS HELD THAT A PROSECUTOR'S PLEA BARGAIN MUST BE KEPT (SANTOBELLO V NEW YORK. 404 U.S. 257, 262, 1971), HAS RECOGNIZED THE NEED FOR A PUBLIC RECORD INDICATING THAT A PLEA WAS KNOWINGLY AND VOLUNTARILY MADE (BOYKIN V ALABAMA, 395 U.S. 238, 242, 1969), AND HAS RECOGNIZED THE IMPORTANCE OF COUNSEL DURING PLEA NEGOTIATIONS (BRADY V UNITED STATES, 397 U.S. AT 758). ALTHOUGH BORDENKIRCHER DOES NOT UNDERCUT THESE SAFEGUARDS, IT WOULD BE REGRETTABLE IF THE COURT WERE TO MOVE TOWARD WEIGHING THE BALANCE OF POWER AT THE NEGOTIATING TABLE IN FAVOR OF THE PROSECUTOR. IN FUTURE CASES, THE DELINEATION OF LIMITS ON THE PROSECUTOR'S LEGITIMATE USE OF LEVERAGE OF PLEA BARGAINING SITUATIONS SEEMS LIKELY. FOOTNOTES PROVIDED. (LWM)