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Script Plea Bargaining 9165

The defense is requesting that the Supreme Court's framework on plea bargaining in drug cases be applied instead of DOJ guidelines, arguing that while prosecutorial consent is needed, objections based solely on conflicting DOJ guidelines hamper the Supreme Court's rule-making authority rather than the courts being bound by them.
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0% found this document useful (0 votes)
140 views1 page

Script Plea Bargaining 9165

The defense is requesting that the Supreme Court's framework on plea bargaining in drug cases be applied instead of DOJ guidelines, arguing that while prosecutorial consent is needed, objections based solely on conflicting DOJ guidelines hamper the Supreme Court's rule-making authority rather than the courts being bound by them.
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Your Honor, we are praying that the Supreme Court

Framework on plea bargaining in drugs cases be applied in this


instant case despite the prosecution’s vigorous objections. We
respectfully assert Your Honor, that the courts are not bound by
the guidelines issued by the Department of Justice. And while it is
true that the consent of the prosecution is a condition precedent to
a valid plea of guilty to a lesser offense, we must take into
consideration that the objections of the prosecution are grounded
upon the guidelines issued by the Department of Justice which is
in contrast with the Supreme Court’s framework. To apply the
former by way of objection over the latter effectively hampers the
rule-making authority of the Supreme Court.

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