Answer to Question 1
One commentator, Judge Joseph Colquitt, has used the term ad hoc plea bargaining to refer to some of these agreements. He has stated:
Ad hoc bargains exist in at least five forms: (1) the Court may impose an extraordinary condition of probation following a guilty plea, (2) the defendant may offer or be required to perform some act as a quid pro quo for a dismissal or more lenient sentence, (3) the Court may impose an unauthorized form of punishment as a substitute for a statutorily established method of punishment, (4) the State may offer some unauthorized benefit in return for a plea of guilty, or (5) the defendant may be permitted to plead guilty to an unauthorized offense, such as a hypothetical' or nonexistent charge, a nonapplicable lesser-included offense, or a nonrelated charge.
Answer to Question 2
One method by which some jurisdictions have limited plea bargaining is to impose a cutoff date, which prohibits plea bargaining after a case has been in process for a certain amount of time. Some jurisdictions have also experimented with banning plea bargaining for certain offenses. For example, the Bronx County (New York) district attorney banned plea bargaining whenever a grand jury returned a felony indictment.
Another approach tried in Philadelphia was the jury waiver, which gives the defendant the opportunity to engage in plea negotiations in exchange for giving up his or her right to a jury trial. Actually, this approach is not plea bargaining in the traditional sense. Instead, the defendant gets his or her day in court, but to receive concessions from the state, he or she must not demand a jury trial.
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