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The Ethics of Plea Bargaining$
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Richard L. Lippke

Print publication date: 2011

Print ISBN-13: 9780199641468

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199641468.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 06 December 2021

Waiver Rewards and Trial Penalties

Waiver Rewards and Trial Penalties

(p.10) 1 Waiver Rewards and Trial Penalties
The Ethics of Plea Bargaining

Richard L. Lippke

Oxford University Press

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

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