First, please check out this plea form: READ the article below HTTP://www.iand.u

Question

First, please check out this plea form: READ the article below

HTTP://www.iand.uscourts.gov/e-web/Documents.nsf/0/C7B5BD26894A3414862580B20061879E/$File/JUDGEWILLIAMSGuilty+Plea+Colloquy+for+publication12282016.pdf

OK, Now that you understand what goes into the court accepting a plea bargain, please read the article below:

http://www.slate.com/articles/news_and_politics/crime/2015/04/plea_bargains_should_prosecutors_be_forced_to_have_their_plea_bargains_approved.html

Please post one comment addressing each of these questions:

1. After looking over the Guilty Plea article, assume a defendant has pleaded guilty and received their sentence. They come back now and assert that their sentence was not clear to them and they didn't understand it. The defendant also claims that the agent from the FBI has promised them a probationary sentence (they received a 10-year term of imprisonment, explained in the plea).

Assess their chances of success coming back to court to have their plea overturned. To get credit, you must refer to specific sections of the plea bargain form. (20 points)

2. Who would be favored by having a "plea jury?" Prosecution, defense? Explain why. (10 points).

Explanation / Answer

1. The defendant has the right to appeal in the Eighth Circuit Court of Appeal unless there is an explicit waiver to the right to appeal. However, the chances of the defendant coming back to the court on the claim that FBI promised a probationary sentence, and getting the court sentence overturned are slim. In a plea bargain, the defendant signs the plea form that clearly states in Section 13 that the voluntariness of the plea is ensured. The question of whether the defendant was forced or pressured to plead guilty, or if any promises have been made to get into pleading guilty, have been answered in the plea bargain form. If the defendant has not mentioned about the promises made by the FBI at the time of filling the plea bargain form, then there is little chance of getting the sentence overturned in the future based on that claim.

2. The plea bargain processes are tilted in favour fin the prosecutors. Defendants would normally settle for the plea bargain due to the lighter sentence. However, there is the possibility of defendant coming under pressure from prosecutors to admit guilt. Having a ‘plea jury’ that looks into the process of how the plea bargain was entered into, will be able to bring out the facts which usually are out of public sight. The plea jury would provide a check on prosecutors who may otherwise be in a powerful position to pressurise defendants to plead guilty. Plea jury will be favourable to the defendants.

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