Hunter v. United States · ¶49
Bordenkircher v. Hayes, 434 U. S. 357 (1978), illustrates the kind of coercive tactics this Court became willing to stomach in the name of facilitating plea deals. That case began when authorities indicted Paul Hayes, a Kentucky man, for forging an $88.30 check. Id., at 358. Punishable by 2 to 10 years in prison, the charge led to plea negotiations. Ibid. If Mr. Hayes would save the government from “the inconvenience . . . of a trial,” the prosecutor offered to recommend a 5-year prison sentence. Ibid. (internal quotation marks omitted). But if not, the prosecutor warned, he would return to the grand jury and seek a further indictment under a Kentucky three-strikes law carrying a life sentence. Id., at 358–359. When Mr. Hayes refused the deal, the prosecutor proved true to his word. Id., at 359. He sought and secured the new indictment as promised. Ibid. And, after a jury convicted, Mr.…Read in context ›
preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.