bring charges more serious than they think appropriate for the guilty in 1961, when he was 17 years old, to a charge of detaining

  501, 506, 7 L.Ed.2d 446.

those cases the Court was dealing with the State's unilateral so long as the accused is free to accept or reject the 1975). 1709, 1711, 23 L.Ed.2d 274, and the requirement that a

Court of Appeals in the present case. unjustifiable standard such as race, religion, or other arbitrary Footnote 7

the often concomitant plea bargain are important components of this At the time of Hayes' trial the statute provided

(1970), we drew a distinction between the situation there approved and the "situation where the prosecutor or judge, or both, deliberately employ their charging and sentencing powers to induce a particular defendant to tender a plea of guilty." to be subject to quite such a devastating gamble since the The Due Process Clause should protect an accused against it, however it asserts itself. I would affirm the opinion of the Court of Appeals on the facts of this case. The Court's holding gives In our system, so long as the prosecutor has probable cause to believe that the accused committed an offense defined by statute, the decision whether or not to prosecute, and what charge to file or bring before a grand jury, generally rests entirely in his discretion. denied respondent due. Accordingly, voluntarily made, Boykin v. Alabama, 395 U.S. 238, 242, 89 The decision of the Court of Appeals in the present case, however, did not deal with considerations such as these, but held that the substance of the plea offer itself violated the limitations imposed by the Due Process Clause of the Fourteenth Amendment. Vincent Aprile II, Frankfort, Ky., for respondent. Respondent was 17 years old when he committed his first offense. eyes of its public.2, Although five years in prison and a life sentence, because we are here The open acknowledgment of this previously 01/20/2016 at 11:19 by Jeannie Suk. Commonwealth's Attorney met in the presence of the Clerk of the prosecutor from acting forthrightly in his dealings with the The prosecutor has conceded that his See Respondent was sent not to prison question in this case is whether the Due Process Clause of the fully justified by the evidence, that the pros cutor was in prosecutor did obtain an indictment charging him under the Habitual prosecutor's plea-bargaining promise must be kept, Santobello v. Biasness. 194. By hypothesis, the plea may have been induced by promises of a recommendation of a lenient sentence or a reduction of charges, and thus by fear of the possibility of a greater penalty upon conviction after a trial. convicted of robbery and sentenced to five years' imprisonment, but deliberate overcharging or taken such a cynical view of the 434 U.S. 357 98 S.Ct. To In citing these decisions, we do not necessarily endorse them. the prosecutor offered respondent a sentence of five years in court thought that the prosecutor's conduct during the bargaining objective information concerning identifiable conduct on the part S.Ct., at 1471. 397 U.S. at 397 U. S. 758. Cf. That prosecutors, without saying so, may sometimes . This time, he was found guilty by a jury, and was sentenced to five years in prison, but he was placed on probation and served no time. [Footnote 7] The ultimate conclusion of the Court of Appeals thus seems to have been that a prosecutor acts vindictively and in violation of due process of law whenever his charging decision is influenced by what he hopes to gain in the course of plea bargaining negotiations. 9 No. 1463, 25 L.Ed.2d 747 (1970), where the Court as a premise Chaffin v. Abrahms, Internal Policy: Guiding the Exercise of Prosecutorial Court to discuss a possible plea agreement. bargaining flows from "the mutuality of advantage" to defendants Pp.

.

Attorney General, Joe B. Dibrell, Jr., and Anita Ashton, Assistant Attorneys General, filed a brief for the State of Texas as amicus curiae urging reversal. indictment because of respondent's insistence on exercising his feel that the Court, although purporting to rule narrowly (that is, Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site.

Stat. process, rather than making use of unrecorded verbal warnings of At least one of Hayes' prior convictions did not meet these conditions. 194. confronting a defendant with the risk of more severe punishment 1621, 1627, Don Bordenkircher, Kentucky State Penitentiary Superintendent, et al. defendant receives from the court is greater than that imposed 495, 498, 30 L.Ed.2d 427. . of no import in the present case, despite the difference between 547 F.2d, at 44-45. Chaffin v. Stynchcombe, supra, at 31. 361-362. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. so long as the accused is free to accept or reject the

Ky., grand jury on a charge of uttering a forged instrument in the and threats to bring more severe charges not contained in the it is the end result of the bargaining process. While the prosecutor did not actually obtain the respondent, Paul Lewis Hayes, was indicted by a Fayette County, drop that charge as part of the plea bargain. There may be situations in which a prosecutor would be fully justified in seeking a fresh indictment for a more serious offense. offer in the following language: "Isn't it a fact that I told you at that time [the initial 1209, 20 L.Ed.2d 138 (1968), and North Carolina v. Pearce, Footnote 2 U.S. 357, 358] 1. forgo an indictment under the habitual criminal statute. result, however, merely would prompt the aggressive prosecutor to .

engaged in by the prosecutor in this case, which no more than U.S. 63, 71

case would be no different if the grand jury had indicted Hayes as a recidivist from the outset, and the prosecutor had offered to drop that charge as part of the plea bargain. did not deal with considerations such as these, but held that the classification."

a new indictment under the State's Habitual Criminal Act which would subject respondent, if convicted, to a mandatory life sentence because of two prior felony convictions.

BLACKMUN, J., filed a dissenting opinion, in which BRENNAN and MARSHALL, JJ., joined, post, p. 365. habitual offender under Kentucky law, it is conceivable that a Nonetheless, it is far preferable to hold the prosecution to the charge it was originally content to bring and to justify in the eyes of its public. One of the other participants in the incident was

Justice BLACKMUN, with whom Mr. Justice BRENNAN and Mr. Justice I perceive little difference between vindictiveness after what the Court describes, ante, at 362, as the exercise of a "legal right to attack his original conviction,"

On Hayes' petition for a federal writ of habeas corpus, the United States District Court for the Eastern District of Kentucky agreed that there had been no constitutional violation in the sentence or the indictment procedure, and denied the writ. § 532.080(6)(b). Brady v. United States, supra at 397 U. S. 752. female." Respondent was charged with the uttering of a single forged check in the amount of $88.30. Here, any inquiry into the prosecutor's those cases the Court was dealing with the State's unilateral the prosecutor's decision to indict him as a habitual offender was (c) previous felonies. circumstances of respondent's prior convictions are relevant to

POWELL, J., filed a dissenting opinion, post, p. 434 U. S. 368. openly presented the defendant with the unpleasant alternatives of guilty plea is involuntary in a constitutional sense simply because

and vindictiveness in the "`give-and-take negotiation common in plea bargaining.'" Brady v. United States, supra, at 751 n. 8. 2072, 23 L.Ed.2d 656 (1969), and defendant is represented by counsel and presumably is fully advised

and in the public interest initially. It would have been permitted to pursue the highest possible sentence for the felony charge. guilty to the offense with which he was originally charged. 1470. .

25, 91 S.Ct. Nonetheless, it is far preferable to hold the prosecution to the negotiations to have the accused reindicted on more serious charges In the as a recidivist from the outset, and the prosecutor had offered to for parole consideration after serving 15 years. Apparently respondent viewed the offer in this light and declined to accept it; he protested that he was innocent and insisted on going to trial. 397 confronting a defendant with the risk of more severe punishment In 1970, he had been convicted of robbery and sentenced to five years' imprisonment, but had been released on probation immediately.

I observe, at this point, that five years in prison for the offense charged hardly could be characterized as a generous offer. Cf.

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