Criminal Justice Why Is the Essay

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Several months later, in September, due to delays, Santobellow had still not been sentenced; he hired a new attorney, who moved to change the "guilty" plea back to "not guilty." What happened is that Santobellow's attorney claimed that "crucial evidence" against Santobellow had been obtained illegally and filed several motions that caused additional delays. The upshot of this confusion is that when Santobellow appeared before a new judge (the judge that first dealt with the case had retired) there was also a new prosecutor who recommended a one-year sentence in prison for Santobellow. But wait, the original prosecutor had accepted a plea bargain and agreed that there would be no sentence recommendation, and now there was to be a sentence recommendation, which was unfair to the defendant.

And so, after careful and judicial consideration of all the facts in Santobello vs. New York (404 U.S. 247-1971), the Supreme Court of the United States issued a "Certiorari" to the Appellate Division of the Supreme Court of New York. A certiorari literally means "to be searched" or "to search" - and in this instance, the case was sent back to the lower court for further review.

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And the Supreme Court wrote: "This... [is] another example of an unfortunate lapse in order prosecutorial procedures" and there is no reason to "excuse" the prosecutors in this case even if they have a "heavy workload" the High Court concluded.

As to why this particular case was resolved the way it was, and why it matters in the field law 38 years later basically boils down to is that when there is a "plea bargain" made between the defendant's attorney and the prosecutor (or district attorney's office), that deal has to be kept in good faith by the prosecutor.

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