Showing posts with label binding pleas. Show all posts
Showing posts with label binding pleas. Show all posts

Tuesday, August 25, 2009

Should judges reject agreed to plea agreements?

We've discussed this issue many times on this blog. If two parties in the adversary system work out a deal, should the judge be able to reject it? (Along the same lines, should a judge be able to reject a civil settlement?) I think the answer is clearly no for reasons I've articulated before.

The issue has come up again, this time out of the district. This time some (alleged?) crooked judges agreed to plead guilty in exchange for a particular sentence agreed to by the prosecutor. The federal judge rejected the deal in this order, in part because of the "scandalous conduct" of the judges.

What say you, readers? Are you persuaded by the court's reasoning? Should judges be permitted to reject the deals made by the parties to the lawsuit?

Wednesday, January 17, 2007

"As rare as four-leaf clovers"

Mike Tein was referring to binding 11(e) pleas in this Sun-Sentinel article about Ze'ev Rosenstein (in which the parties agreed to a 144 month sentence -- see post below). I loved the quote, and I agree with Mike that you rarely see these sorts of deals in federal court where the parties agree on a particular sentence. The judge either accepts the deal and is then bound by the agreement or rejects it. It seems to me that both sides would want to do this more often. It gives everyone certainty, avoids litigation, and avoids appeals... Why don't we see more of these binding deals?