Case law · Highest court · Federal

Bordenkircher v. Hayes

Decided
March 6, 1978
Docket
76-1334
Status
Published
Jurisdiction
Federal

Cited 2,683 timesNo negative treatment found in this library

What later courts said

  • holding that plea bargaining does not violate the Fifth Amendment privilege against self-incrimination — McKune v. Lile (2002)
  • holding that despite prosecutor’s concession that indictment was influenced by his desire to induce a guilty plea, that alone did not rise to actual vindictiveness — Anthony Barritt v. Secretary, Florida Department of Corrections (2020)
  • holding that plea bargaining, although impacting the degree of punishment, is unlikely to drive a defendant “to false self-condemnation” — Johnson v. Fabian (2006)

Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.

How the opinion begins

[*358] Mr. Justice Stewart delivered the opinion of the Court.

The question in this case is whether the Due Process Clause of the Fourteenth Amendment is violated when a state prosecutor carries out a threat made during plea negotiations to reindict the accused on more serious charges if he does not plead guilty to the offense with which he was originally charged.

I

Cite this

Bordenkircher v. Hayes, 434 U.S. 357 (1978)

Read the full opinion

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