法律英语：90 Plea Bargains

by Michael W. Flynn
First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed² to practice in your jurisdiction³. Further, I do not intend to create an attorney-client relationship with any listener.

Today I discuss plea bargains. James from Minnesota wrote:

I read in an article about a person who was found guilty of first-degree manslaughter. The body was never found, but there was still sufficient evidence to convict him. As part of a deal with the DA, after the case was over but before sentencing, this person agreed to lead authorities to the body in exchange for a second-degree conviction.

I do not understand. If the jury already found him guilty of first-degree, how can he make a deal to be convicted only of second-degree? Doesn't this override⁴ the jury?
How does "making deals for lesser⁵ sentences" work?

The short answer is that plea bargains are like settlement agreements between the accused and the prosecutor⁶, subject to approval by the court. The timing⁷ of plea bargains depends on the state.

Depending on whom you ask, 90 to 95% of all criminal cases end in plea bargains. A plea bargain is a bit like a settlement in a civil case. It is an agreement between the state and the defendant⁸, which, unlike many civil settlements, must be approved by the court. Generally, plea bargaining consists of the prosecutor making concessions¹⁰ in exchange for the defendant's concession⁹ to plead guilty or no contest. The state benefits because it can punish wrongdoing without going to the expense of trial, and the accused is given the benefit of serving less time than he might otherwise after a trial, and avoids the embarrassment¹¹ of a public trial. Most plea bargains include the defendant waiving¹² his right to appeal.

Plea bargains can happen at many stages of the criminal justice process. A “charge bargain” occurs when a prosecutor allows a defendant to plead guilty to a lesser charge, or to only some of the charges filed against him. For example, a defendant charged with drunk driving and driving without a license¹ may be offered the opportunity to plead guilty to just the drunk driving charge. This is the most common form of plea bargaining, and courts look favorably on them, especially when the accused has a pretty clean record. Prosecutors¹³ will often offer a charge bargain to a low-level crony in a criminal plot in exchange for the crony’s testimony¹⁴ against others involved in the plot.

A “sentence bargain” occurs when a defendant is told in advance what his sentence will be if he pleads guilty. This can help a prosecutor obtain a conviction if, for example, a defendant is facing serious charges and is afraid of being hit with a long or seemingly harsh sentence. Sentence bargaining is used in some cases involving high profile or newsworthy cases. The prosecutor wants to look tough, accepting a guilty plea for a serious crime, but the defendant gets to spend less time in jail. For example, in a tax case, the defendant might plead to a more serious form of tax evasion¹⁵, but will serve a shorter sentence than he might have faced had he been convicted by a jury of a lesser tax crime. This can happen because crimes generally carry a range of acceptable punishments that overlap¹⁶.

In the case referenced above, Hans Reiser was convicted of first-degree manslaughter by a jury for killing¹⁷ his wife, but the body was never found. Before sentencing, he apparently¹⁸ offered to the prosecutor to show the location of the body in order to get the crime reduced to second-degree murder. Effectively, the Alameda County District Attorney found it valuable to find the body, and so struck a deal. The family of the wife wanted to find the body and properly bury it, choosing her final resting place. The family encouraged the DA to allow the husband to plead to the lesser charge in exchange for this information.

To answer the question of whether this plea overrode¹⁹ the jury, the answer is yes, it does. All plea deals basically take the authority away from a jury to decide the fate of the accused. Several legal commentators²⁰ have decried²¹ this practice because it effectively takes power away from the judicial²² branch to deal with criminal cases, and places the power in the hands of the executive branch – the DA. Other scholars, and the Supreme²³ Court since about 1971, have actively²⁴ lauded²⁵ plea bargains as an efficient means to decrease the burdens on the criminal justice system and to give to defendants²⁶ the opportunity to take their own fate into their hands. Also, almost all plea deals must be approved by a judge, and so grossly disproportionate deals are rejected. Last, some states do not allow for plea bargaining after a verdict is rendered.

Plea deals, once entered voluntarily by the defendant in open court, are enforceable as contracts, with some added protections. The DA must abide²⁷ by their deal, and the defendant cannot usually get out of a plea bargain once it is made. Also, many states limit sentence bargaining, and some states limit the time when pleas can be made.

Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful²⁸ Life. Please check out the fabulous²⁹ book, Grammar Girl's Quick and Dirty Tips for Better Writing by Mignon Fogarty. You can send questions and comments to。。。。。。or call them in to the voicemail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.

 

1 license   

n.执照，许可证，特许；v.许可，特许

参考例句：

• The foreign guest has a license on the person.这个外国客人随身携带执照。
• The driver was arrested for having false license plates on his car.司机由于使用假车牌而被捕。

2 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

3 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

4 override   

vt.不顾，不理睬，否决；压倒，优先于

参考例句：

• The welfare of a child should always override the wishes of its parents.孩子的幸福安康应该永远比父母的愿望来得更重要。
• I'm applying in advance for the authority to override him.我提前申请当局对他进行否决。

5 lesser   

adj.次要的，较小的；adv.较小地，较少地

参考例句：

• Kept some of the lesser players out.不让那些次要的球员参加联赛。
• She has also been affected,but to a lesser degree.她也受到波及，但程度较轻。

6 prosecutor   

n.起诉人；检察官，公诉人

参考例句：

• The defender argued down the prosecutor at the court.辩护人在法庭上驳倒了起诉人。
• The prosecutor would tear your testimony to pieces.检查官会把你的证言驳得体无完肤。

7 timing   

n.时间安排，时间选择

参考例句：

• The timing of the meeting is not convenient.会议的时间安排不合适。
• The timing of our statement is very opportune.我们发表声明选择的时机很恰当。

8 defendant   

n.被告；adj.处于被告地位的

参考例句：

• The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
• The defendant was borne down by the weight of evidence.有力的证据使被告认输了。

9 concession   

n.让步，妥协；特许(权)

参考例句：

• We can not make heavy concession to the matter.我们在这个问题上不能过于让步。
• That is a great concession.这是很大的让步。

10 concessions   

n.（尤指由政府或雇主给予的）特许权( concession的名词复数 )；承认；减价；（在某地的）特许经营权

参考例句：

• The firm will be forced to make concessions if it wants to avoid a strike. 要想避免罢工，公司将不得不作出一些让步。
• The concessions did little to placate the students. 让步根本未能平息学生的愤怒。

11 embarrassment   

n.尴尬；使人为难的人(事物)；障碍；窘迫

参考例句：

• She could have died away with embarrassment.她窘迫得要死。
• Coughing at a concert can be a real embarrassment.在音乐会上咳嗽真会使人难堪。

12 waiving   

v.宣布放弃( waive的现在分词 )；搁置；推迟；放弃（权利、要求等）

参考例句：

• Other steps suggested included waiving late payment charges, making quicker loan decisions and easing loan terms. 其他测试还包括免去滞纳金，尽快做出贷款决定和放宽贷款条件。 来自互联网
• Stuyvesant Town offers the same perk on some apartments, along waiving the broker's fee. StuyvesantTown对于他们出租的某些房子也提供同样的好处，顺带还省略了中介费。 来自互联网

13 prosecutors   

检举人( prosecutor的名词复数 )； 告发人； 起诉人； 公诉人

参考例句：

• In some places,public prosecutors are elected rather than appointed. 在有些地方，检察官是经选举而非任命产生的。 来自口语例句
• You've been summoned to the Prosecutors' Office, 2 days later. 你在两天以后被宣到了检察官的办公室。

14 testimony   

n.证词；见证，证明

参考例句：

• The testimony given by him is dubious.他所作的证据是可疑的。
• He was called in to bear testimony to what the police officer said.他被传入为警官所说的话作证。

15 evasion   

n.逃避，偷漏(税)

参考例句：

• The movie star is in prison for tax evasion.那位影星因为逃税而坐牢。
• The act was passed as a safeguard against tax evasion.这项法案旨在防止逃税行为。

16 overlap   

v.重叠，与…交叠；n.重叠

参考例句：

• The overlap between the jacket and the trousers is not good.夹克和裤子重叠的部分不好看。
• Tiles overlap each other.屋瓦相互叠盖。

17 killing   

n.巨额利润；突然赚大钱，发大财

参考例句：

• Investors are set to make a killing from the sell-off.投资者准备清仓以便大赚一笔。
• Last week my brother made a killing on Wall Street.上个周我兄弟在华尔街赚了一大笔。

18 apparently   

adv.显然地；表面上，似乎

参考例句：

• An apparently blind alley leads suddenly into an open space.山穷水尽，豁然开朗。
• He was apparently much surprised at the news.他对那个消息显然感到十分惊异。

19 overrode   

越控( override的过去式 )； （以权力）否决； 优先于； 比…更重要

参考例句：

• The chairman overrode the committee's objections and signed the agreement. 主席不顾委员会的反对，径行签署了协议。
• The Congress overrode the President's objection and passed the law. 国会不顾总统的反对，通过了那项法令。

20 commentators   

n.评论员( commentator的名词复数 )；时事评论员；注释者；实况广播员

参考例句：

• Sports commentators repeat the same phrases ad nauseam. 体育解说员翻来覆去说着同样的词语，真叫人腻烦。
• Television sports commentators repeat the same phrases ad nauseam. 电视体育解说员说来说去就是那么几句话，令人厌烦。 来自《简明英汉词典》

21 decried   

v.公开反对，谴责( decry的过去式和过去分词 )

参考例句：

• The measures were decried as useless. 这些措施受到指责，说是不起作用。
• The old poet decried the mediocrity of today's writing. 老诗人抨击了现代文体的平庸无奇。 来自《现代英汉综合大词典》

22 judicial   

adj.司法的，法庭的，审判的，明断的，公正的

参考例句：

• He is a man with a judicial mind.他是个公正的人。
• Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。

23 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

24 actively   

adv.积极地，勤奋地

参考例句：

• During this period all the students were actively participating.在这节课中所有的学生都积极参加。
• We are actively intervening to settle a quarrel.我们正在积极调解争执。

25 lauded   

v.称赞，赞美( laud的过去式和过去分词 )

参考例句：

• They lauded the former president as a hero. 他们颂扬前总统为英雄。 来自辞典例句
• The nervy feats of the mountaineers were lauded. 登山者有勇气的壮举受到赞美。 来自辞典例句

26 defendants   

被告( defendant的名词复数 )

参考例句：

• The courts heard that the six defendants had been coerced into making a confession. 法官审判时发现6位被告人曾被迫承认罪行。
• As in courts, the defendants are represented by legal counsel. 与法院相同，被告有辩护律师作为代表。 来自英汉非文学 - 政府文件

27 abide   

vi.遵守；坚持；vt.忍受

参考例句：

• You must abide by the results of your mistakes.你必须承担你的错误所造成的后果。
• If you join the club,you have to abide by its rules.如果你参加俱乐部，你就得遵守它的规章。

28 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

29 fabulous   

adj.极好的；极为巨大的；寓言中的，传说中的

参考例句：

• We had a fabulous time at the party.我们在晚会上玩得很痛快。
• This is a fabulous sum of money.这是一笔巨款。