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Topic: Plea


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In the News (Fri 25 Jul 08)

  
  Plea - Wikipedia, the free encyclopedia
Under common law, a plea of guilty by the defendant waives jury trial of the charged offenses and the defendant may be sentenced immediately.
Peremptory pleas are pleas that a case cannot proceed because the defendant has already been convicted of the charge (and thus cannot be tried again), or previously acquitted of the same charge (and hence cannot be tried again, under the doctrine of double jeopardy), or has been pardonned for the offence.
Typically the hearing on the guilty plea is transcribed by a court reporter and the transcript is made a part of the permanent record of the case in order to preserve the conviction's validity from being challenged at some future time.
en.wikipedia.org /wiki/Plea   (447 words)

  
 Plea bargain - Wikipedia, the free encyclopedia
A plea bargain is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant.
Plea bargaining is a significant part of the criminal justice system in the United States—the vast majority of criminal cases in the United States are settled by plea bargain rather than by a jury trial.
Plea bargaining also allows prosecutors to settle cases without forcing a victim to endure a lengthy court process or have to testify in a jury trial.
en.wikipedia.org /wiki/Plea_bargain   (1041 words)

  
 Plea bargain - Wikipedia, the free encyclopedia   (Site not responding. Last check: 2007-10-06)
It is of benefit to both the prosecutor and the defendant to arrange a plea bargain — this avoids the chance that the defendant could be found not guilty (which is unfavorable to the prosecutor) or be found guilty of serious charges (which is unfavorable to the defendant).
Plea bargaining also allows prosecutors to settle cases without forcing a victim to endure a lengthy court process or having to testify in a jury trial.
By plea bargaining, prosecutors can reduce the number of cases set for trial so that cases do not get dismissed.
www.ci.joliet.us /project/wikipedia/index.php/Plea_bargain   (1053 words)

  
 Plea Bargaining Plan   (Site not responding. Last check: 2007-10-06)
The formal plea bargains that were made seemed to be reserved for cases that traditionally would have been bargained, even under the policy at its strictest: sexual abuse or assault cases, drug cases, and those involving informants.
While the comparative contributions of presumptive sentencing, the plea bargaining ban and the changes in public attitudes in favor of tougher sentences are not necessarily clear, it is apparent that these factors in some combination (together with factors of population and resource increases) have led to overall longer sentences and a much larger prison population.
Plea bargaining, to the extent it allows the system to conserve scarce resources, does so only by overriding the legislative intent that particular conduct constitutes a particular crime that should be sanctioned in a particular way.
www.ajc.state.ak.us /Reports/pleafram.htm   (7288 words)

  
 Plea Bargaining
Of course, defendants were free to plead to the crimes as charged in the indictment, or to attempt to negotiate a plea before an indictment resulted.
We have now reached the point, though, where criminal defendants are publicly protesting that my refusal to plea bargain will force judges to impose the sentences that the law established for their crimes.
Plea bargaining requires the court's permission and the district attorney's consent.
www.bronxda.nyc.gov /fcrime/plea.htm   (1055 words)

  
 [PLEA BARGAINING PAGE, SUBCATEGORY OF POLICIES & PROCEDURES]
Plea bargaining is the process where a prosecutor negotiates with the defense and reaches an agreement as to what will happen to the defendant in return for a plea of guilty.
If a plea agreement has been reached by the parties, the court shall, on the record, require the disclosure of agreement in open court or, on a showing of good cause, in camera, at the time the plea is offered.
guilty plea, the disposition of the case may be less favorable to the defendant than that contemplated by the plea agreement.
www.showme.net /CapeCounty/pa/INETPLEABARGAINING.htm   (2020 words)

  
 PLEA BARGAINING UNDER THE RWANDAN STATUTE AND RULES OF EVIDENCE
Plea agreements can and often are conditioned "upon the defendant's agreement to certain conditions such as cooperating in an investigation, giving testimony for the prosecution against another defendant [and] refraining from further violation of the law.
Plea Bargaining is permissible because it does not contravene the policy prohibiting granting immunity and because neither the Rwandan Statute nor the Rules of Evidence and Procedure prohibit the OTP from plea bargaining.
Therefore, plea bargaining would appear be an unobjectionable exercise of authority by the OTP because it is a practice consistent with the drafters' preference for the common law model.
www.nesl.edu /center/WCMEMOS/1999/desai000.htm   (4662 words)

  
 PLEA Community Services Society of BC
PLEA is a COA accredited community service organization that provides tailor made services to meet individuals needs and circumstances.
PLEA sponsored the Federation of BC Youth in Care Networks from 1994-2004; it is a mutual support and advocacy group for young people in government care.
PLEA created FolkStone Adult Family Care Homes for seniors and other adults unable to live on their own, as an alternative to institutional long term care.
www.plea.bc.ca /about.htm   (244 words)

  
 Understanding the importance of plea bargainsSaturday, November 11, 2000 9:05:00 AM   (Site not responding. Last check: 2007-10-06)
Plea bargains, although appearing to be a sort of "bargain basement justice" to the public, are necessary, he said.
A plea bargain is a contract between the state and the defendant with both sides catching a benefit, Wheeler said.
Members of Powers' family were irate at the plea deal and expressed their anger to the media and to those involved in the case.
www.gctelegram.com /news/2000/november/11/understanding.html   (2345 words)

  
 PLEA 2005
PLEA 2005 will primarily focus on the challenges encountered in a majority of developing countries that, like Lebanon, are realizing the need to assimilate the knowledge, experience and progress of developed countries.
PLEA 2005 will focus on the long-term economic advantages for society of a sustainable built-environment while recognizing overriding short-term economic concerns that so far have conflicted with the application of environment-friendly building strategies.
PLEA 2005 will be invited to play a vital role in materializing this task.
www.ndu.edu.lb /newsandevents/plea2005   (482 words)

  
 Lea Fastow Plea Deal Tossed   (Site not responding. Last check: 2007-10-06)
The move prompted Fastow to withdraw her guilty plea, and the judge immediately scheduled a June trial in the case.
Fastow as the "plea from hell." He says the case against her always was a "subsidiary" issue to the Enron investigation.
The plea deal with Lea Fastow was critical to getting her husband to plead guilty, because it meant the Fastows' young children would have at least one parent at home while they were serving time in jail.
www.thestreet.com /markets/matthewgoldstein/10152736.html   (579 words)

  
 Plea Bargaining
If you accept a plea agreement with probation on a case that should have been dismissed entirely because the charge was a crock to begin with, you can have that probation revoked by another charge that has no real merit.
and plea offers made early in the process are withdrawn as the prosecution sees that they are more likely to convict on everything as charged and as they become more upset by the defendant's behavior or record.
Plea bargaining may continue up to or even during trial (though some judges announce that they will not approve a plea agreement after a particular point in the process).
www.jesbeard.com /33a.htm   (1807 words)

  
 Ward agrees to plea bargain - News
A plea bargain is a process where the defense attorney negotiates with the district attorney to obtain the best possible plea for his client.
The plea bargain included one year probation, a $500 fine, an alcohol and drug counseling class and 100 hours of community service, which must be completed in the first six months of Ward's one-year probation.
According to Ward, the plea bargain he signed was adjusted from a previous plea bargain the state offered, which had two years of probation instead of one.
www.dennews.com /media/paper309/news/2005/05/26/News/Ward-Agrees.To.Plea.Bargain-954215.shtml?norewrite&sourcedomain=www.dennews.com   (572 words)

  
 Blackstone's Commentaries - Book the Fourth - Chapter the Twenty-Sixth : Of Plea, And Issue
FORMERLY there was another plea, now abrogated, that of fanctuary; which is however neceffary to be lightly toughed upon as it may give fome light to many parts of out antient law : it being introduced and continued during the fuperftitious veneration, that was paid to confecrated ground in the times of popery.
FIRST, the plea of auterfoits acquit, or a former acquittal, is grounded on this univerfal maxim of the common law of England, that no man is to be brought into jeopardy of his life, more than once, for the fame offence.
It is to be obferved, that the pleas of auterfoits acquit, and auterfoits convict, or a former acquittal, and former conviction, muft be upon a profecution for the fame identical act and crime.
www.yale.edu /lawweb/avalon/blackstone/bk4ch26.htm   (2296 words)

  
 Defendants' Incentives for Accepting Plea Bargains   (Site not responding. Last check: 2007-10-06)
For most defendants, the principal benefit of plea bargaining is receiving a lighter sentence for a less-severe charge than might result from taking the case to trial and losing.
While news of the plea itself may be public, the news is short-lived compared to news of a trial.
And rarely is a defendant's background explored in the course of a plea bargain to the extent it may be done at trial.
www.nolo.com /lawcenter/ency/article.cfm/objectID/4E8D6815-1797-46FC-8F8AB242FFE6391A/catID/87B7FF35-6D13-4C67-9CFF27531AF19C24   (892 words)

  
 Tenn. 7th Dist. A.G.- The Plea Agreement Process
The plea agreement process is where the prosecutor, the defense, and the judiciary agree to bypass trial and exchange a guilty plea for the same or in some cases a lesser sentence.
The plea agreement process is a vital one to our judicial system; 95% of the cases in the nation are adjudicated by plea negotiations.
When such a plea is tendered and the accused is questioned, the trial judge should reject or accept the plea of guilty on the terms of the plea agreement, but notwithstanding a negotiated plea, the trial judge should reach an independent decision on whether to grant charge or sentence concessions.
www.attorneygeneral.org /plea.html   (1108 words)

  
 Plea bargain at opensource encyclopedia   (Site not responding. Last check: 2007-10-06)
A plea bargain is an agreement in a criminal case where a prosecutor and a defendant arrange to end the case against the defendant.
Plea bargaining is an essential part of the criminal justice system in the United States in that the vast majority of felony criminal cases in urban areas of the United States are settled by plea bargain rather than by a jury trial.
It has been argued that the American criminal justice system would simply cease to function without plea bargaining, and that it forms a framework wherein the accused and his accusers can reach an agreement which settles the case once and for all, in what is hoped will be a spirit of fairness.
www.wiki.tatet.com /Plea_bargain.html   (666 words)

  
 frontline: the plea: interviews | PBS
In this interview, he describes how the plea bargain system pressures people to buckle and accept a plea -- even if they are innocent -- and how prosecutors, judges and defense attorneys have a role -- a stake even -- in seeing that this happens.
In this interview, he talks about the plea bargain's vital role in the criminal justice system and how the plea process works in his courtroom, and he also describes his own role as a judge.
Smith strongly defends pleas as a critical part of defense lawyering -- not because they are good but because the system "stinks." Smith says she would have forcefully pressed Jarrett to take the guilty plea had she been her lawyer at the time.
www.pbs.org /wgbh/pages/frontline/shows/plea/interviews   (1078 words)

  
 Criminal Law - Plea Bargains
Plea bargaining allows the prosecutor to obtain guilty pleas in cases that might otherwise go to trial.
A plea bargain is a contract between the prosecutor and the defendant, and both parties are required to comply with the terms of their contract.
If you have a plea bargain with the prosecutor and you are required to perform particular tasks (such as pleading guilty on a particular date, cooperating in the investigation of another offense, or testifying against a co-defendant), the prosecutor may revoke the plea bargain if you fail to satisfy your duties.
www.expertlaw.com /library/criminal/plea_bargains.html   (892 words)

  
 Hndbk. 9.6 Chap. 2 Plea Agreements and Sentencing Process
If a taxpayer who is not represented by counsel expresses an interest in plea negotiation discussions, advise the taxpayer that in order to participate, he or she must be represented by counsel.
In an administrative investigation, when a taxpayer, through counsel, expresses a desire to participate in the expedited plea program, inform the taxpayer and his or her counsel that the willingness to enter into plea negotiations with DOJ in no way precludes the taxpayer's ultimate civil tax liability.
Plea negotiations have to be conducted by either the United States Attorney's office or the Tax Division of DOJ.
cryptome.quintessenz.org /mirror/irs-ci/36464.html   (2370 words)

  
 Essex Vicinage Plea Agreements
In a plea agreement, the prosecutor may offer the accused an arrangement where s/he will recommend a reduced term of incarceration or probation in exchange for a guilty plea.
Defendants entering a plea must sign a statement certifying that they understand the plea and are entering into the agreement voluntarily and without pressure from the prosecution or their own attorney.
If a judge perceives that the plea bargain is too lenient, the judge can reject the plea and order the prosecution and defense parties to re-negotiate, or order the matter set down for trial.
www.judiciary.state.nj.us /essex/criminal/plea.htm   (306 words)

  
 USATODAY.com - Judge goes along with plea for Lea Fastow   (Site not responding. Last check: 2007-10-06)
A federal judge tentatively accepted a plea agreement Thursday for the wife of former Enron finance chief Andrew Fastow, a move that could lead to a plea from Fastow and possibly his cooperation with prosecutors investigating the energy giant's collapse.
Sources close to the case said Andrew Fastow was negotiating a plea deal with prosecutors that could send him to prison and force him to pay $20 million.
Plea deals often involve agreements to testify against others, and the potential of a Fastow plea deal raises the possibility that prosecutors are closer to bringing a case against Lay and Skilling.
www.usatoday.com /money/industries/energy/2004-01-07-fastows_x.htm   (1063 words)

  
 Milan Babic Plea - Annex A
The purpose of this Agreement is to set forth in its entirety the understanding of the parties as to the nature of the Agreement and the possible consequences of Mr.
Babic’s plea of guilty, and to assist the parties and the Trial Chamber in ensuring that the plea is valid, voluntary, and informed according to the Rules set forth by this Tribunal.
Milan Babic agrees that he is pleading guilty to Count 1 because he is in fact guilty as a co-perpetrator of the joint criminal enterprise and acknowledges full responsibility for his actions that are the subject of the Indictment.
www.un.org /icty/babic/trialc/plea_annexA.htm   (1638 words)

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