Plea+Negotiation

Objectives:

 * discuss the logistics and protocol for plea negotiations
 * engage in a plea negotiation with opposing counsel
 * discuss the plea negotiation results
 * reflect on the role of the defendant in the plea bargaining process
 * reflect on the plea bargaining process

Do Now:
Look over Handout 34 on the board and read the requirements of the Plea Negotiation process.

Lesson:
1. Plan for your plea negotiation.
 * Determine your team's goals and interests and determine which interests need to be met for the negotiation to be successful
 * Determine your initial position (do you want to plea guilty to the obstruction of justice charge if the prosecution drops the aiding and abetting charge?)
 * Make sure you know what all the possible charges and sentences are, so you know what your different negotiation options are.
 * Determine as many negotiable deal points as you can
 * The goal of the negotiation is a win-win outcome
 * You can walk away if you can't negotiate a plea.

2. Plea Negotiation

You have three rounds of negotiations, four minutes each. At the end of each round, you have three minutes to regroup and discuss strategies for the next round.

3. Discuss the negotiation results
 * Would you accept the plea offer if you were in the defendant's position?

Reflection:
What did you learn about the plea bargaining process?

Homework:
Defense Teams: Write an "email" to your client explaining the plea offer agreed to and advising the client on why he should accept it.

Prosecution Teams: Write an internal memo to the DA's office explaining why the agreed upon plea offer is in the best interest of the state.


 * Each email or memo should include the following:
 * a description of the plea the lawyers agreed to
 * Persuasive arguments for why the defendant - or the DA - should agree to the offer
 * Persuasive arguments for how acceptance of this plea will achieve justice