would be subject to a mandatory sentence of life imprisonment since he had a previous record. Because he didn’t take the plea, he received life in prison. Hayes appealed the decision all the way to the Supreme Court, but he was unable to have his case overturned. The Supreme Court ruled against him 5-4 stating that he could have avoided the risk by simple pleading guilty and accepting the five years. The Bordenkircher v. Hayes Supreme Court case was seen as a “watershed moment” in the legal system, and it showed the importance and weight of the constitutional rationale for plea bargaining that states that there is “no elements of punishment or retaliation so long as the accused is free to accept or reject the prosecution’s offer.” Many are placed in situations such as the one in which Hayes found himself. The feels that his/her case is defendable, but their previous record prevents them from having a fair trial. The lawyer will often attempt to force the defendant into a plea situation which may or may not be the proper action. Income plays a role in the ability of an ex-offender to get adequate defense. Most cannot afford lawyers so they are forced to stand trial using a public defender. Dean J. Champion conducted a study of 166 city and county prosecutors from , , and from 1981-1984. He found during that three year period prosecutors obtained 18,493 convictions with 15,522 coming from plea bargaining. That is roughly 84% of all convictions coming from plea bargaining and only 16% of convictions coming from trials. The results found that some of the primary factors resulting in the use of plea bargaining included prior conviction (recidivism) and social economic status. It was also found that forty-one percent of the defendants used private attorneys, and fifty-nine percent involved public defenders. offender offenders offenders
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