plea-bargain

'It is because of my remorse that I initiated the plea-bargaining process with the prosecution," Karisa said.

Plea-bargaining does not apply in drug cases where the imposable penalty is reclusion perpetua, or under Section 5 of Republic Act 9165 Comprehensive Dangerous Drugs Act which penalizes the sale, trading, administration, dispensation, delivery, distribution and transportation of all kinds of dangerous drugs, Briones said.

By withdrawing charges instead of pursuing half-loaf plea deals, as was the mandated practice in Alaska during that state's plea-bargaining ban, Crowns could better conserve their resources.

These are the poles of a debate for which there are no definitive policy prescriptions, despite the implications for plea bargaining and policing--implications that call into question basic aspects of how we think about the working group of prosecutors and police, commonly known as the "prosecution team." Despite its significance, the plea-bargaining clashes and cooperation within the prosecution team have received little attention from scholars, legislators, or judges.

357, 372 (1978) (Powell, J., dissenting) ("The plea-bargaining process ...

Under Section 23 of the Dangerous Drugs Act, 'any person charged under any provision of [the Dangerous Drugs Act] regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining.'

Creating defined tiers of plea bargaining in which more information could inform decisions of whether to attach more severe collateral consequences could not only reduce overbroad consequences of convictions but also add accuracy to the plea-bargaining process upon which our criminal justice system now almost entirely depends.

(2) Recently, the issue of the right to effective assistance of counsel during the plea-bargaining process was raised twice before the Supreme Court of the United States, bringing the process to the forefront of national attention.

(32) See Stephanos Bibas, Regulating the Plea-Bargaining Market:

(105) And they feared that this decision would create an unnecessary and burdensome "constitutionalization of the plea-bargaining process." (106) Defining defense counsel's "plea-bargaining skills" or the measure of their adequacy and second guessing the thought processes of prosecutors and judges retrospectively would generate uncertainty and much collateral litigation.

The first influx of plea-bargaining cases at the appellate level in

Shadow-of-trial scholarship assumes that defendants' culpability has no bearing on plea-bargaining behavior beyond the effect that culpability already exerts on the probability of conviction.