{"id":4026,"date":"2021-06-21T14:28:47","date_gmt":"2021-06-21T21:28:47","guid":{"rendered":"https:\/\/www.crimeandconsequences.blog\/?p=4026"},"modified":"2021-06-21T14:28:47","modified_gmt":"2021-06-21T21:28:47","slug":"lying-during-and-about-plea-bargaining","status":"publish","type":"post","link":"https:\/\/www.crimeandconsequences.blog\/?p=4026","title":{"rendered":"Lying During, and About, Plea Bargaining"},"content":{"rendered":"

SL&P has this post<\/a> bemoaning that so much lying goes on during, and to prop up, the negotiation and tendering of bargained-for guilty pleas.\u00a0 The gist of the post\u00a0 —\u00a0 you will not be shocked to hear\u00a0 —\u00a0 is that the system is rigged against blameless defendants, who then, with the cynically weary but perforce assistance of their lawyers, lie repeatedly by admitting to crimes they did not commit.<\/p>\n

I litigated criminal cases in federal court for a quarter of a century.\u00a0 There is indeed a considerable amount of lying that goes on.\u00a0 But it’s not defendants’ admitting to stuff they didn’t do.\u00a0 It’s defendants’ denying stuff they most certainly did<\/em><\/strong> do.\u00a0 Anyone who actually does criminal litigation will admit this if approached in a rare moment of candor.<\/p>\n

Still, let’s assume arguendo that innocent defendants, with their lawyers’ connivance, do falsely inculpate themselves by lying during plea bargaining in order, they calculate, to evade the otherwise looming draconian consequences of a rigged system.\u00a0 Let me suggest a simple six-word remedy:\u00a0 Quit lying and tell the truth.<\/p>\n

<\/p>\n

I addressed this subject in some detail in my Feddie Night Fights debate<\/a> earlier this year with Clark Neily of the libertarian Cato Institute.\u00a0 This was my answer:<\/p>\n

In federal court, the governing standard is Rule 11, FRCP.\u00a0 It
\nprovides that, before the judge may accept a plea, he must
\npersonally and in open court address the defendant and advise\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 him of a litany of rights he would have if he were to go forward\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 with\u00a0a trial, including, to name a few, \u00a0the right \u00a0to
\nconfront and cross-examine adverse witnesses, to be protected\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0from compelled self-incrimination, to testify and present\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 evidence,and to compel the attendance of witnesses.<\/p>\n

For our purposes, perhaps the two most important
\nguarantees in Rule ll are these:<\/p>\n

(b)(2)\u00a0 ENSURING THAT A PLEA IS VOLUNTARY.<\/p>\n

Before accepting a plea of guilty or nolo contendere, the court
\nmust…determine that the plea is voluntary and did not result\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 from force, threats, or promises (other than promises in a plea
\nagreement).<\/p>\n

(b)(3)\u00a0 DETERMINING THE FACTUAL BASIS FOR A PLEA.<\/p>\n

Before entering judgment on a guilty plea, the court must
\ndetermine that there is a factual basis for the plea.<\/p>\n

Now let’s consider how those guarantees square with the claim
\nthat defendants plead guilty, and are sent to
\nprison, for things they didn’t do.\u00a0 In that regard, it’s helpful, indeed\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0it’s essential, to know the specifics of what establishing the factual basis for\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0a plea means on the ground.<\/p>\n

In negotiating the plea, the prosecutor and defense
\ncounsel hammer out a statement describing the offense to which
\nthe plea will be entered, and the defendant’s conduct in
\ncommitting that offense.\u00a0 At the Rule 11 hearing, the judge asks
\nthe prosecutor to state the factual basis for the plea, whereupon
\nthe prosecutor reads aloud the agreed-upon statement. The judge
\nthen turns to the defendant and asks him,\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 “Is that what happened?” or\u00a0“Do you have any disagreement with that
\nstatement?” or some close variant of those questions.\u00a0 In the
\nunusual case where defendant shows any hesitation, the court
\nwill take a recess to allow the two sides to work it out if they can.
\nIf they can’t, the plea does not go down and case will be set for
\ntrial.<\/p>\n

When, as in the typical case, the defendant agrees to the factual
\nbasis as recited, the court will then turn to defense counsel and
\nask him if he is satisfied that the defendant has had an adequate
\nopportunity to discuss the statement of facts with him, and if he is
\nsatisfied that the defendant’s agreement to it is informed and
\nvoluntary.\u00a0 Again, the hearing will not go forward if counsel shows
\nany hesitation in answering.<\/p>\n

Now all my experience is in federal court, and the regimen in
\nvarious state courts may be different.\u00a0 But I believe the great\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 majority of states have plea taking procedures similar to, if not
\neven more elaborate than, the ones I have described.<\/p>\n

It is sometimes said that the Rule 11 hearing is merely a pro
\nforma event, a bunch of winks and nods, during which both sides just go\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 through the motions.\u00a0 For those who think that, I have an invitation: \u00a0Go to a
\nplea hearing and see for yourself.\u00a0 See for yourself whether the
\njudge has a sleepy disinterest in whether the defendant he’s
\nabout to send to prison is guilty or innocent.\u00a0 See for yourself
\nwhether the prosecutor is so \u00a0steeped in dishonesty, and so
\nlacking in basic decency, that he will condemn an innocent man
\nsimply to put another scalp on the mantle.\u00a0 See for yourself
\nwhether the defendant’s lawyer is so oblivious, callous and
\ncorrupted and that he plays a central part in the charade, knowing
\nit’s all fabricated.\u00a0 And see for yourself whether all three are
\ncooperating with one another with sly nods in what in any
\nother context would be called a conspiracy.<\/p>\n

Now maybe that is what you’ll see.\u00a0 But in 25 years inside the
\nsystem, it’s not what I saw.<\/p>\n

************************************************<\/p>\n

Still, for those who persist in thinking that defense counsel routinely\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 help send innocent clients to jail with fake guilty pleas, I have a suggestion.\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0We should make explicit in the canons of ethics that it is
\nimpermissible for defense counsel to assist in helping to convict,
\nthrough plea bargaining or otherwise, a client who has
\nunambiguously insisted on his innocence, or whom counsel
\nknows, or has strong reason to believe, is factually innocent.\u00a0 As
\nthe Supreme Court established in Georgia v. McCollum, 505 U.S.
\n42 (1992), some goals of the criminal justice system are more
\nimportant than counsel’s wooden fidelity to what the client may
\nthink is in his best interest.\u00a0 In McCollum, it was the the system’s
\nneed to rid itself of racist jury strikes even if the defendant believes\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 that striking potential jurors on the basis of race would advance his\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 interests.\u00a0 In the plea bargaining context, it’s the system’s need\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0to reduce the possibilities for erroneous and unjust outcomes.<\/p>\n

 <\/p>\n

 <\/p>\n

 <\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

SL&P has this post bemoaning that so much lying goes on during, and to prop up, the negotiation and tendering of bargained-for guilty pleas.\u00a0 The gist of the post\u00a0 —\u00a0 you will not be shocked to hear\u00a0 —\u00a0 is that the system is rigged against blameless defendants, who then, with the cynically weary but perforce assistance of their lawyers, lie repeatedly by admitting to crimes they did not commit. I litigated criminal cases in federal court for a quarter of a century.\u00a0 There is indeed a considerable amount of lying that goes on.\u00a0 But it’s not defendants’ admitting to stuff they didn’t do.\u00a0 It’s defendants’ denying stuff they most certainly did do.\u00a0 Anyone who actually does criminal litigation will admit this if approached in a rare moment of candor. Still, let’s assume arguendo that innocent defendants, with their lawyers’ connivance, do falsely inculpate themselves by lying during plea bargaining in order, they calculate, to evade the otherwise looming draconian consequences of a rigged system.\u00a0 Let me suggest a simple six-word remedy:\u00a0 Quit lying and tell the truth.<\/p>\n","protected":false},"author":6,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13],"tags":[],"class_list":["post-4026","post","type-post","status-publish","format-standard","hentry","category-criminal-procedure"],"yoast_head":"\nLying During, and About, Plea Bargaining - Crime & Consequences<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.crimeandconsequences.blog\/?p=4026\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Lying During, and About, Plea Bargaining - Crime & Consequences\" \/>\n<meta property=\"og:description\" content=\"SL&P has this post bemoaning that so much lying goes on during, and to prop up, the negotiation and tendering of bargained-for guilty pleas.\u00a0 The gist of the post\u00a0 —\u00a0 you will not be shocked to hear\u00a0 —\u00a0 is that the system is rigged against blameless defendants, who then, with the cynically weary but perforce assistance of their lawyers, lie repeatedly by admitting to crimes they did not commit. I litigated criminal cases in federal court for a quarter of a century.\u00a0 There is indeed a considerable amount of lying that goes on.\u00a0 But it’s not defendants’ admitting to stuff they didn’t do.\u00a0 It’s defendants’ denying stuff they most certainly did do.\u00a0 Anyone who actually does criminal litigation will admit this if approached in a rare moment of candor. Still, let’s assume arguendo that innocent defendants, with their lawyers’ connivance, do falsely inculpate themselves by lying during plea bargaining in order, they calculate, to evade the otherwise looming draconian consequences of a rigged system.\u00a0 Let me suggest a simple six-word remedy:\u00a0 Quit lying and tell the truth.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.crimeandconsequences.blog\/?p=4026\" \/>\n<meta property=\"og:site_name\" content=\"Crime & Consequences\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/CriminalJusticeLegalFoundation\/\" \/>\n<meta property=\"article:published_time\" content=\"2021-06-21T21:28:47+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/www.crimeandconsequences.blog\/wp-content\/uploads\/2020\/07\/FB_DefaultLJ.png\" \/>\n\t<meta property=\"og:image:width\" content=\"300\" \/>\n\t<meta property=\"og:image:height\" content=\"400\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/png\" \/>\n<meta name=\"author\" content=\"Bill Otis\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Bill Otis\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"5 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.crimeandconsequences.blog\/?p=4026\",\"url\":\"https:\/\/www.crimeandconsequences.blog\/?p=4026\",\"name\":\"Lying During, and About, Plea Bargaining - Crime & Consequences\",\"isPartOf\":{\"@id\":\"https:\/\/www.crimeandconsequences.blog\/#website\"},\"datePublished\":\"2021-06-21T21:28:47+00:00\",\"author\":{\"@id\":\"https:\/\/www.crimeandconsequences.blog\/#\/schema\/person\/d089f7e65aa652190318c44070da5e6e\"},\"breadcrumb\":{\"@id\":\"https:\/\/www.crimeandconsequences.blog\/?p=4026#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/www.crimeandconsequences.blog\/?p=4026\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\/\/www.crimeandconsequences.blog\/?p=4026#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\/\/www.crimeandconsequences.blog\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Lying During, and About, Plea Bargaining\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/www.crimeandconsequences.blog\/#website\",\"url\":\"https:\/\/www.crimeandconsequences.blog\/\",\"name\":\"Crime & Consequences\",\"description\":\"Crime and criminal law\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\/\/www.crimeandconsequences.blog\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"en-US\"},{\"@type\":\"Person\",\"@id\":\"https:\/\/www.crimeandconsequences.blog\/#\/schema\/person\/d089f7e65aa652190318c44070da5e6e\",\"name\":\"Bill Otis\",\"url\":\"https:\/\/www.crimeandconsequences.blog\/?author=6\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Lying During, and About, Plea Bargaining - Crime & Consequences","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.crimeandconsequences.blog\/?p=4026","og_locale":"en_US","og_type":"article","og_title":"Lying During, and About, Plea Bargaining - Crime & Consequences","og_description":"SL&P has this post bemoaning that so much lying goes on during, and to prop up, the negotiation and tendering of bargained-for guilty pleas.\u00a0 The gist of the post\u00a0 —\u00a0 you will not be shocked to hear\u00a0 —\u00a0 is that the system is rigged against blameless defendants, who then, with the cynically weary but perforce assistance of their lawyers, lie repeatedly by admitting to crimes they did not commit. I litigated criminal cases in federal court for a quarter of a century.\u00a0 There is indeed a considerable amount of lying that goes on.\u00a0 But it’s not defendants’ admitting to stuff they didn’t do.\u00a0 It’s defendants’ denying stuff they most certainly did do.\u00a0 Anyone who actually does criminal litigation will admit this if approached in a rare moment of candor. Still, let’s assume arguendo that innocent defendants, with their lawyers’ connivance, do falsely inculpate themselves by lying during plea bargaining in order, they calculate, to evade the otherwise looming draconian consequences of a rigged system.\u00a0 Let me suggest a simple six-word remedy:\u00a0 Quit lying and tell the truth.","og_url":"https:\/\/www.crimeandconsequences.blog\/?p=4026","og_site_name":"Crime & Consequences","article_publisher":"https:\/\/www.facebook.com\/CriminalJusticeLegalFoundation\/","article_published_time":"2021-06-21T21:28:47+00:00","og_image":[{"width":300,"height":400,"url":"https:\/\/www.crimeandconsequences.blog\/wp-content\/uploads\/2020\/07\/FB_DefaultLJ.png","type":"image\/png"}],"author":"Bill Otis","twitter_card":"summary_large_image","twitter_misc":{"Written by":"Bill Otis","Est. reading time":"5 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/www.crimeandconsequences.blog\/?p=4026","url":"https:\/\/www.crimeandconsequences.blog\/?p=4026","name":"Lying During, and About, Plea Bargaining - Crime & Consequences","isPartOf":{"@id":"https:\/\/www.crimeandconsequences.blog\/#website"},"datePublished":"2021-06-21T21:28:47+00:00","author":{"@id":"https:\/\/www.crimeandconsequences.blog\/#\/schema\/person\/d089f7e65aa652190318c44070da5e6e"},"breadcrumb":{"@id":"https:\/\/www.crimeandconsequences.blog\/?p=4026#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.crimeandconsequences.blog\/?p=4026"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/www.crimeandconsequences.blog\/?p=4026#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.crimeandconsequences.blog\/"},{"@type":"ListItem","position":2,"name":"Lying During, and About, Plea Bargaining"}]},{"@type":"WebSite","@id":"https:\/\/www.crimeandconsequences.blog\/#website","url":"https:\/\/www.crimeandconsequences.blog\/","name":"Crime & Consequences","description":"Crime and criminal law","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.crimeandconsequences.blog\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Person","@id":"https:\/\/www.crimeandconsequences.blog\/#\/schema\/person\/d089f7e65aa652190318c44070da5e6e","name":"Bill Otis","url":"https:\/\/www.crimeandconsequences.blog\/?author=6"}]}},"_links":{"self":[{"href":"https:\/\/www.crimeandconsequences.blog\/index.php?rest_route=\/wp\/v2\/posts\/4026","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.crimeandconsequences.blog\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.crimeandconsequences.blog\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.crimeandconsequences.blog\/index.php?rest_route=\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/www.crimeandconsequences.blog\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4026"}],"version-history":[{"count":1,"href":"https:\/\/www.crimeandconsequences.blog\/index.php?rest_route=\/wp\/v2\/posts\/4026\/revisions"}],"predecessor-version":[{"id":4027,"href":"https:\/\/www.crimeandconsequences.blog\/index.php?rest_route=\/wp\/v2\/posts\/4026\/revisions\/4027"}],"wp:attachment":[{"href":"https:\/\/www.crimeandconsequences.blog\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4026"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.crimeandconsequences.blog\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4026"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.crimeandconsequences.blog\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4026"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}