Bordenkircher v. Hayes
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Summary

Supreme Court held no due process violation when prosecutors threatens or brings harsher charges during plea bargaining if the defendant refuses to plead guilty, so long as the charges are supported by probable cause.

1978 | Federal Juristiction

Bordenkircher v. Hayes

Keywords Supreme Court; due process violation; prosecutors; harsher charges; plea bargaining; defendant; plead guilty; probable cause; due process; charges
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Summary

The Supreme Court has determined that a prosecutor's decision to threaten or pursue more severe charges during plea negotiations does not violate due process rights when a defendant declines to plead guilty, provided that these charges are substantiated by probable cause.

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Summary

The Supreme Court has ruled that a defendant's right to fair legal process is not violated when prosecutors threaten to bring, or actually bring, more serious charges during plea negotiations. This action is permissible even if a defendant chooses not to plead guilty. The only condition is that all charges must be supported by sufficient evidence, known as probable cause.

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Summary

The Supreme Court has determined that prosecutors do not violate a person's right to fair legal treatment when they threaten to or actually bring more serious charges. This can occur during plea bargaining if a person accused of a crime refuses to plead guilty. However, this is only permissible if there is enough evidence to support the additional charges.

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Summary

The highest court in the country made a decision about what government lawyers, called prosecutors, can do. Prosecutors can threaten to bring more serious charges, or actually bring them, during talks to settle a case. This happens if a person accused of a crime does not want to say they are guilty and wants a trial instead. The court said this is not unfair, as long as there is a good reason to believe the person committed those more serious crimes.

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Footnotes and Citation

Cite

Bordenkircher v. Hayes, 434 U.S. 357 (1978)

Highlights