Chapter

Waiver Rewards and Trial Penalties

Richard L. Lippke

in The Ethics of Plea Bargaining

Published in print October 2011 | ISBN: 9780199641468
Published online January 2012 | e-ISBN: 9780191732195 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199641468.003.0002

Series: Oxford Monographs on Criminal Law and Justice

Waiver Rewards and Trial Penalties

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The chapter distinguishes waiver rewards from trial penalties. A procedure is proposed for separating the two, termed a “settlement hearing.” Such hearings occur pre-trial and are initiated by defendants who indicate a willingness to admit their guilt to some or all of the charges against them. They are presided over by a judge who, having heard both the prosecutor and defense speak to the evidence for the charges, sets a “presumptive sentence” on each of the charges that the judge determines should be retained. In their most common form, trial penalties consist of post-trial increases in defendants’ presumptive sentences. However, other forms of trial penalties are identified. Wavier rewards consist of charge or sentence reductions awarded to defendants who admit their guilt after settlement hearings.

Keywords: waiver rewards; trial penalties; overcharging; settlement hearings; presumptive sentences

Chapter.  14736 words. 

Subjects: Criminal Law

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