NEW FEDERAL RULE OF CRIMINAL PROCEDURE 11(E) - DANGERS IN RESTRICTING THE JUDICIAL ROLE IN SENTENCING AGREEMENTS

• NCJ Number: 39271
• Journal: American Criminal Law Review Volume: 14 Issue: 2 Dated: (FALL 1976) Pages: 305-318
• Author(s): W J FLANAGAN
• Date Published: 1976
• Length: 14 pages
• Corporate Author: American Bar Association
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS COMMENT FOCUSES ON THE DIFFICULTIES ANTICIPATED UNDER THE NEW ROLE WHICH PROVIDES THAT PROSECUTORS, DEFENSE LAWYERS, AND THE ACCUSED MAY AGREE TO A PARTICULAR SENTENCE AS PART OF A PLEA BARGAIN.

Abstract

ANOTHER PROVISION PROHIBITS JUDGES FROM PARTICIPATING ON ANY PLEA NEGOTIATIONS. A BRIEF SURVEY OF CASE LAW PRIOR TO THE ADOPTION OF THE NEW RULE IS PRESENTED, AND THE IMPACT OF CHANGES WROUGHT BY THE NEW LAW ARE ANALYZED. THE SEVERAL STATE RULES GOVERNING PLEA BARGAINING ARE REVIEWED, AND THEIR ADVANTAGES OVER THE FEDERAL SCHEME ARE CONSIDERED. THE AUTHOR ADVOCATES STUDYING THE RESULTS OF THE FEDERAL PLAN AND CERTAIN STATE PLANS AND AMENDING THE FEDERAL LEGISLATION IF THE STATE EXPERIENCES INDICATE THAT MORE JUDICIAL INPUT IN PLEA NEGOTIATIONS IS DESIRABLE. (AUTHOR ABSTRACT MODIFIED)...EB