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Who Sets the Tone for Plea Bargaining in the Courtroom

Kramer, G.M., Wolbransky, M., & Heilbrun, K. (2007). Defence lawyers` plea recommendations: probative value, possible conviction and preference of the accused. Behavioural Sciences and Law, 25(4), 573-585. Overall, relationships and reputation play an important role in negotiations and negotiations; Other knowledge relevant to lawyers was also described in relation to the overall knowledge of case law. We focused our analysis on defense counsel, but based on the above considerations, other actors in the courtroom also provided valuable insights into the practices of defense counsel. Although we used a convenience sample, interviewees provided very consistent reports on advocacy negotiation mechanisms in the county. Negotiation themes and advisory strategies diverged more widely, but this is to be expected, as criminal defence lawyers have a great deal of leeway in their work. Since the purpose of this study was exploratory and aimed to guide future theoretical research and development, the current sample provided a series of rich and detailed interviews. What are the views of criminal defense lawyers on negotiations and what types of strategies do they use when negotiating plea negotiations for their clients? It is important to note that legal scholars have found that while an admission of guilt is often considered a rational decision, «it is unlikely that most accused will have the knowledge of the criminal system necessary to conduct an economic analysis; Rather, they are likely to depend on their advocates to offer such an analysis» (Hollander-Blumoff, 1997, p. 120; see also DiPippa, 2001 for an in-depth discussion of the barriers to rational decision-making in advocacy negotiations). Hollander-Blumoff (1997) noted that the means of negotiation (which should be obvious to good defense lawyers) in pleas depend on the rules of evidence, the strength of the case, and the attitudes of the jury on the bench. Each of these points is crucial for all parties to evaluate their best alternative to a negotiated agreement («BATNA»), which is primarily an attempt.

Hollander-Blumoff (1997, p. 123) further identified an additional BATNA for the defense lawyer: «simply dragging out a case and making it a little old-fashioned for prosecutors,» which is consistent with Alchuler (1975), who identified the lateness strategy of some lawyers. She also argued that cooperative lawyers who share more information are more efficient and can achieve better outcomes for their clients. Schneider (2002) found additional evidence to prove the benefit of cooperation. Problem-solving lawyers were judged by their peers to be more effective than opposing lawyers, and she concluded that a good negotiator must provide «assertive, «empathetic» and also «pleasant» company (Schneider, 2002, p. 185). Overall, the legal literature emphasizes the importance of preparation, knowledge, and collaboration, and also moves away from negotiation as an art in favor of a skill that can be taught and learned. More recently, criminal justice research has quantitatively examined outcomes related to plea bargaining (see e.B Frenzel and Ball, 2008; Kutateladze et al., 2015, 2016), but less has dealt in depth with defence negotiators` assessments or the moot court negotiation process. Lynch and Evans (2002) examined how the personality traits of the «Big Five» related to perceived negotiation skills and found that most skilled negotiators were seen as cooperative rather than contradictory, and that the most important feature of peer review was emotional stability.

Bowen (2009) used observations and interviews to assess how prosecutors and defence counsel in a jurisdiction have adapted to a specialized advocacy unit. Within the specialized unit, there was significant cooperation within the courtroom working group, and lawyers jointly «sorted» cases according to whether or not they were «normal» crimes (Bowen, 2009, p. 22). Supports some of Uphoff`s (1995) suggestions on how best to prepare for trial, Defense Attorney in Bowen`s (2009, p. 2009). 19) The study indicated that they are beginning to «assess the value of the case based on the severity of the case, the strength of the evidence, and substantive characteristics.» Although there is less social science research empirically examining negotiations and negotiation processes, the existing literature suggests that personality, courtroom working group, and cooperative skills are the key to a successful trial; This research also largely complements existing legal research. Finally, the lawyer`s work continues after the hearing with the communication of the offer to a client and a discussion on what to do in the case. Edkins, V. A. (2011). Advocacy Recommendations and Client Race: Does zealous representation apply equally to everyone? Law and Human Behavior, 35(5), 413-425. Henderson, K.

S. and Levett, L.M. (2018). Investigation into predictors of true and false guilty confessions. Law and Human Behavior, 42(5), 427-441. Chin, G. J., & R.W. Holmes, Jr.

(2002). Effective support for lawyers and the consequences of guilty pleas. 87 Cornell Law Review, 697-742. The four main themes of client counselling are closely linked. First, defence lawyers must conduct appropriate research and gather information to ensure that they can provide ethical advice to their clients, which is closely linked to the need for appropriate research prior to negotiations (see Uphoff, 1995). Second, they need to decide how much information they want to share with their customer. We discuss it in more detail below because of its interaction with autonomy. Our third topic shows that a key element of this information sharing is whether there are any relevant collateral consequences for their customers.

In particular, the defense lawyers interviewed in this study were often aware and concerned about the impact of collateral consequences on their clients. It appears that the concerns of Chin and Holmes (2007) and the Supreme Court in Padilla v. Kentucky (2010) were recognized by at least some lawyers in this firm. Not only that, but some lawyers also seem well-informed about the «network» of collateral consequences (Smyth, 2010) that can influence a client`s decision to accept a plea offer. Another important consequence of padilla (2010) is its natural emphasis on defence counsel to gather information from her clients, which was highlighted by Public Defender 2, which presented a long list of questions to ask the client to determine the total potential impact of collateral consequences, and Prosecutor 1, who stated that it is the responsibility of the defence lawyer to present his client in a positive manner. The trial in this jurisdiction is informal, with little documentation, and was described as «random» by the assigned lawyer 2. Meetings between prosecutors and defense lawyers are usually short (5 to 10 minutes). However, due to the high number of cases, it can take months before a case is resolved, and usually two or three different offers are discussed before the deal.

Public Defender 2 was skeptical of prosecutors and demanded all offers in writing, but no one else mentioned the requirement to document previous offers. Once the defendant has accepted an offer, all parties appear before the judge, who must approve it. In rare cases, a judge «blows up» a plea and asks the parties to renegotiate another offer. Another option for plea bargaining in this jurisdiction is «slow plea» (also known as open plea) in which the defendant agrees to plead guilty, but the judge determines the sentence; Interviews suggested that this is also rare. Despite these possibilities, almost all criminal convictions in the justice system are the result of negotiated advocacy. However, it is also possible that no agreement will be reached, even after negotiations. In this situation, a case is brought before the courts. While almost everyone agrees that the state has the most power in a trial, there is also a general consensus that the primary means of trial of the accused is the ability to bring a case to justice. .