Plea+Bargaining

Objectives:

 * define the concept of plea bargaining
 * analyze a plea bargaining scenario
 * describe the advantages and disadvantages of plea bargaining and whether it promotes or undermines justice
 * identify potential plea bargaining scenarios for the defendants in the Freeman/Parker case

Do Now:
Look at the Sixth Amendment that is displayed on the board. What is the purpose of the Sixth Amendment? What role does it play in the criminal justice process to promote justice?

Lesson:
1. Read and mark up the overview of Handout 31: Plea Bargaining.Summarize how plea bargaining works in criminal cases.

2. Work with a partner to read and discuss the plea bargaining scenario on the back of the handout. With your partner, decide how you would plea if you were Dave's lawyers.
 * If Dave does not plead guilty and goes to trial, what are the chances that he will be convicted?
 * How does the penalty for aggravated battery compare to that for simple battery?
 * Will his prior convictions affect his sentence?
 * What other factors (such as race or class) might have an impact on why a defendant decides to plea bargain? Why?

3. Think/Write:
 * What are the advantages and disadvantages of plea bargaining?
 * Do you think plea bargaining promotes or inhibits justice? Why?

Pair/Share your responses with a partner.

4. Look at the Felony Plea Form excerpt on the board. This is an excerpt of a form that a defendant has to sign when he or she agrees to a guilty plea. Look at the section on constitutional rights.
 * What rights does the defendant give up when agreeing to a plea?
 * If everyone accused of a crime is guaranteed the right to a trial by jury, do you think justice can be achieved if the defendant waives the right to a trial? Why or why not?

5. Meet in your legal teams to prepare for plea bargaining by completing part of Handout 32 - a negotiation planner. You will do the following:
 * Review each possible charge
 * Identify the strengths and weaknesses of your team's arguments for or against that charge.
 * Identify the charge you want the opposing counsel to agree to during negotiations

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