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"Deal or No Deal: Why Courts Should Allow Defendants to Present Evidence that They Rejected Favorable Plea Bargains"

By Douglas A. Berman

The title of this post is the title of this new interesting piece on plea practices by Colin Miller available via SSRN.  Here is the abstract: Federal Rule of Evidence 410 deems inadmissible statements made during plea discussions when offered ?against the defendant who made the plea or was a participant in plea discussions??  Pursuant to the Supreme Court?s opinion in United States v. Mezzanatto, however, prosecutors can, and often do, force defendants to waive the protections of this Rule to get to the plea bargaining table.  Conversely, courts categorically have found that defendants cannot present evidence that they rejected favorable plea bargains, despite the plain language of the Rule not precluding the admission of such evidence. This article addresses the question of whether courts can consistently allow prosecutors to present defendants? incriminatory statements made during plea discussions while precluding those same defendants from presenting evidence that they rejected favorable plea bargains...continue to full post

Full post as published by Sentencing Law and Policy on August 19, 2010 (boomark / email).