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What did Bordenkircher v. Hayes say about prosecutors bringing additional valid charges?
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Plea bargaining
A scene of the trials in Salem Village, Massachusetts Bay Colony, hand-colored engraving.
In the 1978 case Bordenkircher v. Hayes, the U.S. Supreme Court ruled that it is constitutionally permissible for prosecutors to threaten defendants with additional charges if they refuse to accept a plea bargain, provided that those charges are valid.1
This decision reinforces the court's stance that plea bargaining is an essential and desirable component of the American legal system. By allowing prosecutors to leverage the threat of further prosecution, the ruling supports the use of plea negotiations as a protected and routine method for disposing of cases efficiently.1