Fact bargaining is a type of plea bargaining that occurs when prosecutors and defendants bargain over what version of events should be stipulated to by the parties and presented to the court as what happened. Some statutes or sentencing guidelines specify that certain increases or decreases in the sentencing range must occur if certain facts are proven. For example, a drug offense may carry a mandatory minimum sentence if the offender had a prior drug felony, possessed a certain amount of drugs or played a supervisory role in a drug conspiracy. The prosecutor may agree to stipulate that there was no such prior drug felony, that the offense less than the threshold amount of drugs, or that the offender played no such supervisory role in exchange for a guilty plea. Fact bargaining can also involve the defendant stipulating to certain facts in exchange for certain concessions so the prosecutor does not need to prove those facts.
Nancy King has argued that fact bargaining defeats the intention of the sentencing guidelines to have judges find facts.[1] According to William G. Young, fact bargaining "involves a fraud on the court as the government's recital of material facts during the plea colloquy and at sentencing necessarily must omit or at minimum gloss over facts material to sentencing. . . . . If fact bargaining is acceptable, then the entire moral and intellectual basis for the Sentencing Guidelines is rendered essentially meaningless."[2] Judges rarely overturn stipulations reached by fact bargaining.[3]
In some cases, "creative" plea bargains are reached in which the defendant pleads guilty to a totally different lesser crime. An example would be a robbery suspect pleading guilty to copyright violation.[4]
^"Time for crime: Who decides?". Archived from the original on 2011-03-05. Retrieved 2010-07-12.
^"Berthoff v. United States, 140 F. Supp. 2d 50 (D. Mass. 2001)".
^United States v. Pimentel, 932 F2d 1029, 1033 (2d Cir. 1991).
^Clouse, Thomas (May 1, 2006). "Man pleads guilty to bogus crime". The Spokesman-Review. p. A1. Retrieved September 23, 2014.
Factbargaining is a type of plea bargaining that occurs when prosecutors and defendants bargain over what version of events should be stipulated to by...
defendants plea bargains in exchange for their confessions. Plea bargaining was introduced in Japan in June 2018. The first case of plea bargaining under this...
Enterprise bargaining is an Australian term for a form of collective bargaining, in which wages and working conditions are negotiated at the level of the...
Coasean bargaining. As economist Jonathan Gruber described in 2016, there are strong social norms that often prevent people from bargaining in most day-to-day...
place at which markets fail. Where bargaining power is persistently unequal, the concept of inequality of bargaining power serves as a justification for...
of murder which was solely punishable by death under Singapore law. Factbargaining Fair Sentencing Act U.S. v. Booker Zero tolerance, a similar political...
Game theory has been used to analyze the plea bargaining decision. The constitutionality of plea bargaining was established by Brady v. United States in...
from the fact such items would be found in an isolated bin rather than on store shelves. The phrase "bargain basement" is now a synonym. "Bargain basement"...
guilty; further discounts are available to some defendants through factbargaining, substantial assistance, and so on. Life imprisonment increased by...
Sequential bargaining (also known as alternate-moves bargaining, alternating-offers protocol, etc.) is a structured form of bargaining between two participants...
The News Media Bargaining Code (NMBC, or News Media and Digital Platforms Mandatory Bargaining Code) is a law designed to have large technology platforms...
The following is a list of episodes for The Facts of Life, which ran for nine seasons from 1979 to 1988 on NBC. There were 201 regular episodes and three...
A bargain and sale deed is in United States real property law, a deed "conveying real property without covenants". This is a deed "for which the grantor...
unionized in 2018 and The New Yorker Union signed its first collective bargaining agreement in 2021. The New Yorker influenced a number of similar magazines...
longer suspects them of being Kira, although he is still suspicious over the fact that Misa's DNA was found on the audio tapes. Misa is released, but Light...
immediate effect as a guilty plea and is often offered as a part of a plea bargain. The plea is recognized in United States federal criminal courts, and many...
A bargaining impasse (French pronunciation: [ɛ̃pas]) occurs when the two sides negotiating an agreement are unable to reach an agreement and become deadlocked...
which cover collective bargaining, forced labour, child labour and discrimination. They require, freedom to join a union, bargain collectively and take...
2021. "Plea bargains; Necessary function of justice, or deals with the devil?". Archived from the original on June 22, 2009. "Plea bargaining". Justice...
in the standard form they offered to the respondent. The fact that the appellants' bargaining power vis-a-vis the respondent was strong enough to enable...
Global Information