NCJ Number
45560
Journal
CRIMINAL DEFENSE Volume: 3 Issue: 2 Dated: (MARCH 1976) Pages: 7-11
Date Published
1976
Length
5 pages
Annotation
AN ALTERNATIVE APPROACH TO THE TRADITIONAL PLEA BARGAINING METHODS USED IN PRETRIAL MOTIONS IS SUGGESTED AND OUTLINED.
Abstract
THE AUTHOR ADVISES THAT THE INFAMOUS 'PLEA BARGAIN LAWYERS' WHO ARE MERELY LOOKING FOR A WAY TO MAKE A DEAL FOR THEIR CLIENTS, LOOK INTO SOME NEW TACTICS IN ORDER TO EXONERATE OR REDUCE THE SENTENCES OF THEIR CLIENTS. THIS ALTERNATIVE APPROACH IS NOT A REJECTION OF PLEA BARGAINING; IT IS INTENDED TO DEMONSTRATE THE LAWYER'S AGGRESSIVENESS AND CREATIVITY TO THE JUDGE AND JURY. THE STEPS INVOLVED IN THIS APPROACH ARE PREPARATION, INVESTIGATION, RESEARCH, DISCOVERY, AND GRASP OF THE FACTUAL LEGAL ISSUES IN ORDER TO PRESENT A COHESIVE, COHERENT CASE. WHEN USED PROPERLY, THESE MEASURES WILL ENABLE THE LAWYER TO WORK ON HIS TERMS FROM A VERY STRONG POSITION, WHILE THE PLEA BARGAINING LAWYER CAN ONLY HOPE THAT HE WILL BE ABLE TO MAKE A 'DEAL' WITH THE JUDGE. GUIDELINES FOR THE LAWYER ARE ESTABLISHED, WHICH BASICALLY INVOLVE THOROUGH RESEARCH OF THE CASE MATERIAL AND LEGAL ISSUES IN QUESTION. THE PRETRIAL MOTIONS SHOULD BE WELL THOUGHT OUT, NOT ARBITRARY OR INTENDED TO DELAY THE TRIAL. THEY SHOULD BE WRITTEN IN SIMPLE ENGLISH, DEVOID OF ANY LEGAL JARGON OR EXTREME EMOTIONS. THE CASE SHOULD BE THOROUGHLY REVIEWED AND INTERVIEWS MADE BEFORE THE PRELIMINARY HEARING TAKES PLACE. AN AGGRESSIVE, CREATIVE, AND VIGOROUS PURSUIT OF THE CASE WILL INSURE BETTER RESULTS, AND WHEN A PLEA MUST BE ENTERED, IT SHOULD BE CONSIDERED THOROUGHLY AND DONE PURPOSEFULLY. (BAC)