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(An agreement on plea bargaining has been reached between the district attorney and defense counsel. They submit the agreement to the judge for approval. After the consent of the judge the case is settled without indictment and jury trial.)
(APPRARANCE: District Attorney,
Appearing on behalf of the People.
Defense Counsel,
Appearing on behalf of the Defendant.
Before
Judge John Gates)
(DA=District Attorney D=Defendant DC=Defense Counsel J=Judge)
DA: Your Honor, the defendant, who is here in court, prepared to waive indictment and plead guilty to Superior Court Information charging sodomy in the 3rd degree. He's doing this with the understanding that I have discussed this with his defense counsel, who has presented to me certain medical information that would lead me to believe it would not be prudent to have the defendant serve a jail term. I'm recommending that, as part of our plea bargain, upon his plea he will not serve a jail term. The balance of the sentence is up to the Court.
J: I see, but if that's recommended by the Probation Department, there may be the condition of electronic monitoring.
DC: That's fine, Your Honor. I would note that my client has some serious medical conditions now, which would preclude him from going to trial, and that's a good part of the reason why we're accepting the plea offer today.
J: Okay. I do approve the waiver of indictment. Mr. Defendant, the District Attorney has filed a Superior Court Information, charging you with sodomy in the 3rd degree. Do you understand what the attorneys have said just now?
D: Yes.
J: You know that you have a right to a jury trial on this charge?
D: I do.
J: By pleading guilty, you're giving up that right. Do you realize that?
D: I do.
J: That means you're giving up the right to have the witnesses against you produced in the Court, to have your lawyer cross - examine those witnesses and to present any defense you may have. Do you understand this?
D: Yes.
J: How do you plead ?
D: Guilty .
plea bargaining [pli: ˈbɑ:gənɪŋ] n. 控辩交易
indictment [ɪnˈdaɪtmənt] n. 诉状，起诉书; <尤美>刑事起诉书; 控告，起诉
sodomy [ˈsɒdəmɪ] n. 鸡奸
waiver [ˈweɪvə(r)] n. 弃权; 放弃; 弃权声明书
cross-examine [ˌkrɔ:sɪgˈzæmɪn, ˌkrɔs-]
vt. 对……盘问，仔细的盘问; <律>向（对方证人）反讯问
vi. 仔细盘问某人
plead [pli:d] vi. 恳求; 辩论
vt. 以……为理由; 陈述案情; 申辩，认罪，辩护
vt.& vi. 申诉，答辩，为……辩护
guilty [ˈgɪlti] adj. 内疚的; 有罪的
lenient / serious / criminal / guilty / conviction
lengthy / concession / original / dismissal / prosecutor
A plea bargain is any agreement in a 1 case between the 2 and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some 3 from the prosecutor. This may mean that the defendant will plead 4 to a less serious charge, or to one of several charges, in return for the 5 of other charges; or it may mean that the defendant will plead guilty to the 6 criminal charge in return for a more 7 sentence. A plea bargain allows both parties to avoid a 8 criminal trial and may allow criminal defendants to avoid the risk of 9 at trial on a more 10 charge.
1. Why are defendants willing to plead guilty instead of a jury trial in criminal cases?
2. In what way are most felony cases resolved?
3. What are the three categories of explicit plea bargaining?
4. Why do prosecutors over-charge the accused at the stage of plea bargaining?
5. How can the knowledge at a case was not settled by a bargain influence the sentencing decisions of the judge?