Plea Bargaining, 2nd edition (2004)

By C. Nicholas Herman

Location: Law Library KF9654 H38 2004

With over 90% of criminal cases being resolved through plea bargaining (p.1) and the addition of a brand new 2010 pocket part, I thought this would be an apt title covering an important topic to review for this week’s article.

Professor Herman states in the Preface: “The principal aim of the book is to be practical about the process of plea bargaining so that the practitioner or student will better understand how to engage in plea bargaining, whether in a state or federal case.  Within this purpose, it should be emphasized that this descriptive and prescriptive approach is not intended to be dictatorial, but as a working framework within which counsel may enhance his or her own innate and experience effectiveness.”

A look at the book’s table of contents will further our understanding of the subject:

Chapter 1 - Introduction
Chapter 2 - The Prosecutor’s and Defendant’s Interests and Objectives
Chapter 3 - Constitutional Considerations and the Role of Counsel
Chapter 4 - Wrongful Prosecution
Chapter 5 - Preparing for Plea Bargaining
Chapter 6 - Plea Bargaining Tactics
Chapter 7 - Negotiating the Plea Agreement
Chapter 8 - Negotiating with the U.S. Attorney under the U.S. Sentencing Guidelines
Chapter 9 - Negotiating with the U.S. Attorney in Special Cases
Chapter 10 - Entering the Plea
Chapter 11 - Sentencing
Chapter 12 - Enforcing the Plea Bargain
Chapter 13 - Withdrawing the Guilty Plea
Appendix A - Rule 11 - Federal Rules of Criminal Procedure
Appendix B - Rule 32 - Federal Rules of Criminal Procedure
Appendix C - United States Attorneys’ Manual
                  - Principles of Federal Prosecution of
                    Business Organizations Memorandum
Appendix D - United States Sentencing Guidelines
Appendix E - ABA Standards for Criminal Justice - Prosecution           Function and Defense Function
Appendix F - National District Attorneys Association - National Prosecution Standards
Appendix G - Selected ABA Model Rules of Professional Conduct
Table of Cases

Thomas A. Lerner reviewing the 1st edition of Plea Bargaining (1997) in the July 1998 issue of The Champion, a publication of the National Association of Criminal Defense Lawyers, had this to say about Professor Herman’s work: “The text that follows is a well-researched and disciplined description of the plea bargaining process, commencing with the analysis necessary in preparation for the negotiations, and continuing through sentencing. Herman synthesizes the negotiation process in a way that is more common to business texts. The approach which he describes requires the practitioner (on either the prosecution or defense side) to engage in a detailed analysis of their interests and goals in the negotiation process, and provides a format for organizing one's approach to the negotiation. A practitioner who follows this format is unlikely to overlook aspects of their client's circumstances that may help in obtaining the best negotiated alternative to trial.”

The second edition adds two new chapters and retains the practical utility of the first edition.

Submitted by Eric Taylor, Evening Reference Librarian on October 17, 2010

This article appears in the categories: Law Library

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