Bordenkircher v. Hayes – P threatened to reindict if D did not plead guilty to original charge; convicted of the harsher, got life.
held DP was NOT violated
distinguished from Blackledge where D went to trial, found guilty, appeals, then P got indictment for felony after appeal; issue of statutory right to appeal
here just part of “give and take” of pretrial plea-bargaining process
if no plea has been entered in open court, give and take can continue to take place
mutuality of advantage, equal bargaining parties
court endorsement of non-interference during negotiation until plea entered and accepted
C says this underestimates government’s power, but still have to prove b.r.d.
Package Deal – multiple D’s P may say “either you all plead guilty or all go to trial” – most courts say ok
Trial Judge Participation – fed judges shall not participate in such discussions (Fed Rules); states vary