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rebajar la pena solicitada

English translation: she refused a plea reduction (or) a plea bargain (in this context)

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:rebajar la pena solicitada
English translation:she refused a plea reduction (or) a plea bargain (in this context)
Entered by: Rebecca Jowers

09:16 Dec 24, 2008
Spanish to English translations [PRO]
Art/Literary - Law (general) / criminal law.
Spanish term or phrase: rebajar la pena solicitada
Como no podía ser de otra forma, fui el abogado que se encargó del tema. El día del juicio entré, antes de la vista, a negociar con la Fiscal —una funcionaria del tipo «estoy amargada porque no follo a.k.a. no follo porque estoy amargada»—, la cual se negó a rebajar la pena solicitada y me avisó de que mi cliente ya se podía ir preparando para pasar una temporada entre rejas.

I have a great explanation from the author here, who was a lawyer himself:

1. Antes del día del juicio, el Fiscal (el acusador público) ha realizado un escrito donde indica, en atención a las declaraciones de los implicados y testigos, qué es lo que cree que ha sucedido (los hechos) y cuál es la pena (la condena) que solicita.
2. El día del juicio, antes de que se celebre, el abogado defensor intenta negociar con el Fiscal.
3. Si llegan a un acuerdo se lo comunican al Juez y éste dicta una sentencia conforme a lo que han decidido. Si no llegan a un acuerdo se celebra el juicio y el Juez dicta una sentencia conforme a lo que él estima conveniente.
4. Por lo tanto, en este caso, el Fiscal no se niega a reducir la sentencia (pues aún no se ha dictado) sino que se niega a reducir los cargos que él pide, la condena que él solicita.

UK English please. Thanks in advance.
Felices fiestas!
Kate Major
Spain
Local time: 10:58
she refused a plea reduction (or) a plea bargain (in this context)
Explanation:
(or) refused a sentence reduction for a guilty plea (or) would hear nothing of a plea bargain (or) wouldn't allow my client to cop a plea", etc.

As you mention in your explanation, this part of the text refers to the process of "conformidad," which in Spanish criminal procedure is similar to the US concept of reaching a negotiated plea ("plea bargain" or "plea agreement"). If the "fiscal" offers or agrees to a plea reduction (which this one is refusing to do) and the accused takes it (called "conformarse"), then the judge will enter a judgment based on the plea bargain ("sentencia de conformidad"). I know you need UK English and may have to check whether this terminology is appropriate for a UK audience, although "plea bargain" would probably by understood in the UK (10,700 google hits for "plea bargain" on ".uk" websites). "Plea reduction" may be appropriate too.


Plea- Bargaining in the UK

Plea-bargaining is originally an Anglo-American system of bypassing juries to reduce workload of the courts although, today it is probably most actively used in the US. A fair number of other common law jurisdictions have also incorporated plea-bargaining. Courts in the UK have insisted on being the primary actor in the determination of the punishment. It was formally introduced in England by the Criminal Procedure and Investigations Act, 1996.

The Criminal Justice Act 2003 has laid down the powers of the judge as regards sentence reduction in case of guilty pleas, expressly, in section 144-

144
Reduction in sentences for guilty pleas

(1) In determining what sentence to pass on an offender who has pleaded guilty to an offence in proceedings before that or another court, a court must take into account-

(a) the stage in the proceedings for the offence at which the offender indicated his intention to plead guilty, and

(b) the circumstances in which this indication was given.

(2) In the case of an offence the sentence for which falls to be imposed under subsection (2) of section 110 or 111 of the Sentencing Act, nothing in that subsection prevents the court, after taking into account any matter referred to in subsection (1) of this section, from imposing any sentence which is not less than 80 per cent of that specified in that subsection.

This is a direct reproduction of the section 152 of the Powers of Criminal Courts (Sentencing) Act, 2000, whereby the judge has the discretion to reduce sentence if a plea of guilt is made early enough in the trial.[1]

In R. v. Turner (F.R.)[2], it was held that any discussion must be between the judge and the counsels on both sides. If counsel is instructed by a solicitor who is in court, he too should be allowed to attend the discussion. This freedom of access is important because there may be matters calling for communication or discussion of such a nature that the advocate cannot, in his client's interest, mention them in open court, e.g. the advocate, by way of mitigation, may wish to tell the judge that the accused has not long to live because he is suffering maybe from cancer, of which he is and should remain ignorant. Again, the advocates on both sides may wish to discuss with the judge whether it would be proper, in a particular case, for the prosecution to accept a plea to a lesser offence. It is imperative that, so far as possible, justice must be administered in open court.

In Att.-Gen.'s Reference (No. 44 of 2000) (R. v. Peverett)[3], it was stated that it was only in wholly exceptional circumstances that counsel should have recourse to the judge in his room for the purpose of discussing pleas or sentence; an example of such circumstances was that of the defendant who was unaware that he was dying. In response to the court’s comments, the Attorney-General issued specific guidelines to prosecution authorities as regards acceptance of pleas and discussion about sentencing with the judge. The Attorney-General has clarified in the section entitled “Acceptance of Pleas” that:

* Hearing except in the most exceptional circumstances, should be conducted in public. This includes the acceptance of pleas by the prosecution and sentencing.
* The Code for Crown Prosecutors sets out the circumstances in which pleas to a reduced number of charges, or less serious charges, can be accepted. Where this is done, the prosecution should be prepared to explain their reasons in open court.
* The Court of Appeal has said on many occasions that justice should be transparent; only in the most exceptional circumstances should plea and sentence be discussed in chambers. Where there is such a discussion, the prosecution advocate should at the outset, if necessary, remind the judge of the principle that an independent record must always be kept of such discussions. The prosecution advocate should make a full note of such an event, recording all decisions and comments. This note should be made available to the prosecuting authority.
http://www.indlaw.com/legalfocus/focusdetails.aspx?ID=77




--------------------------------------------------
Note added at 3 hrs (2008-12-24 12:20:07 GMT)
--------------------------------------------------

Looking at how "sentence reduction" is used on UK legal websites, perhaps two of the suggestions above could be reworded:

she (the "fiscal") refused to offer a plea reduction (or) refused to offer a sentence reduction for a guilty plea
Selected response from:

Rebecca Jowers
Spain
Local time: 10:58
Grading comment
Thanks everyone! :)
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +3she refused a plea reduction (or) a plea bargain (in this context)
Rebecca Jowers
4 +3(he refuses) to agree to a lower sentence ...
Michael Powers (PhD)
5refused to drop down the requested sentence
Patricia Silva
4 +1reduce the original charge
Cinnamon Nolan
4the prosecutor declined/refused to offer a lesser or lower sentence
AZjuancarlos
4(BE) mitigate the sentence sought
Adrian MM. (X)
4reduce the requested sentence
Carmen Schultz
4reconsider the charges
patinba


  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
reduce the original charge


Explanation:
HTH.

File Format: PDF/Adobe Acrobat - View as HTML
But his mother Lynnette was horrified to learn that the Crown Prosecutor had .... account for the decision to reduce the charge on the day of the trial ...
news.bbc.co.uk/1/shared/bsp/hi/pdfs/07_08_06_cps.pdf


In New York City Criminal Court, a common stratagem of prosecutors is to reduce a class A misdemeanor to a class B misdemeanor so as to avoid a jury trial. This is proper. People v Burke, 186 Misc2d 278, 715 NYS2d 603 (City Crim Ct 2000). Refiling a charge as an attempt rather than a completed crime will **reduce a charge** by one step -- from a class A misdemeanor to a class B misdemeanor.

The right to a jury trial, and waiver thereof, is set forth in the New York ... a charge as an attempt rather than a completed crime will reduce a charge by ...
www.mcacp.org/issue68.htm

After 18 years, Bhopal still waits for justice - Asia, World - The ...Independent.co.uk ... India's Central Bureau of Investigation (CBI) asked the court to reduce the charges against Mr Anderson to negligence. ...
www.independent.co.uk/news/world/asia/after-18-years-bhopal...



Cinnamon Nolan
Spain
Local time: 10:58
Native speaker of: English
PRO pts in category: 108

Peer comments on this answer (and responses from the answerer)
agree  trans4u: Yes. Most likely get them reduced from felony to misdemeanor. See it done all the time.
4 hrs
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
reduce the requested sentence


Explanation:
Daily Mississippian - Shorter prison sentence requested for LangstonNov 13, 2008 ... Shorter prison sentence requested for Langston ... suffered shortly after pleading guilty as another reason to reduce possible prison time. ...
www.thedmonline.com/shorter_prison_sentence_requested_for_l... - 28k - Cached - Similar pages
TheStar.com | World | Conrad Black asks Bush to reduce sentenceNov 20, 2008 ... TheStar.com | World | Conrad Black asks Bush to reduce sentence ... "He's requested commutation of sentence," said Laura Sweeney. ...
www.thestar.com/News/World/article/540329 - 68k - Cached - Similar pages
Lighter Sentence Is Requested As Reward for Bissell's Wife - New ...Lighter Sentence Is Requested As Reward for Bissell's Wife ... Mrs. Bissell's lawyer, said it could reduce her sentence by at least several months. ...
query.nytimes.com/gst/fullpage.html?res=9C0DE6DC163FF936A35751C1A960958260 - 34k - Cached - Similar pages
Sentence: For the dates requested, December 2 and 3 are also Ron Bakir - Wikipedia, the free encyclopediaJun 24, 2005 ... Before the prosecution announced their sentencing recommendation, ... Bagus Wiswantanu) of seeking a bribe to reduce the requested sentence. ...
en.wikipedia.org/wiki/Ron_Bakir - 27k - Cached - Similar pages

--------------------------------------------------
Note added at 1 hr (2008-12-24 10:28:23 GMT)
--------------------------------------------------

Wordreference.com:
(Der) sentence;
la ~ máxima the maximum sentence;
~ capital or de muerte death penalty

Diccionario Espasa Concise: Español-Inglés English-Spanish
© Espasa-Calpe, S.A., Madrid 2000:
pena f
1 (castigo) punishment, penalty: fue condenado a pena de muerte, he was sentenced to death

Carmen Schultz
Local time: 03:58
Specializes in field
Native speaker of: Native in SpanishSpanish, Native in EnglishEnglish
PRO pts in category: 59
Login to enter a peer comment (or grade)

2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
reconsider the charges


Explanation:
Crimes of the occupation army - [ Traducir esta página ]Last month, the High Court of Justice ordered the military prosecutor’s office to reconsider the charges against battalion commander, Lt. Col. ...
www.aad-online.org/en/Categories/Israelicategories/Crimesof... - 57k - En caché - Páginas similares
Challenge to AG/IGP to substantiate or withdraw terrorist charges ... - [ Traducir esta página ]I call on Gani to further reconsider the charges against the remaining 26 and when their cases come up on Dec. 27, to withdraw all charges against them. ...
dapmalaysia.org/english/2007/dec07/lks/lks4666.htm - 15k - En caché - Páginas similares
Charges Dropped in Deadly Ohio Fire - Firehouse.com News - [ Traducir esta página ]14 Jun 2007 ... O'Brien would not say what on the videotape has caused him to reconsider the charges. Patterson was arrested Aug. ...
cms.firehouse.com/web/online/News/Charges-Dropped-in-Deadly-Ohio-Fire/46$16793 - 50k - En caché - Páginas similares

patinba
Argentina
Local time: 05:58
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1213
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
(he refuses) to agree to a lower sentence ...


Explanation:
I have been working in criminal court, although in the US, for 26 years as an interpreter. This phrase comes up all the time. The prosecutor cannot simply drop the charges in the indictment; however, the prosecutor can come eto an agreement through a plea bargain with the defense attorney, and, all parties can sign it. The judge still retains the discretion to accept or deny any plea bargain, and will only accept it if satisfied it is deserved.

Mike :)

Michael Powers (PhD)
United States
Local time: 04:58
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 2038

Peer comments on this answer (and responses from the answerer)
agree  Richard Boulter: Rebecca said the same thing and we are all relying on U.S. legal jargon. Input from a colleague experienced in U.K. penal settings would be a great help here.
2 hrs
  -> Thank you, Richard - yes, I am not familiar with the system in the U.K. - Mike :)
agree  Carmen Schultz: technically this is the better answer bec although the context is about a plea bargain (it is mentioned as 'negociar' in the preceding clause ), the legal language is actually mentioning the 'sentence' per se (i.e., 'la pena solicitada')
17 hrs
  -> Thank you, Carmen - Mike :)
agree  Flavio Posse: It could be a plea bargain but not necessarily. Your translation is correct, Mike.
20 hrs
  -> Thank you, Flavio, you are right At times it is better to plea straight up than accept a plea bargain since typically the defendant would be giving up his or her right to appeal and agree to not ask for a downward departure from the sentencing guidelines.
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2 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +3
she refused a plea reduction (or) a plea bargain (in this context)


Explanation:
(or) refused a sentence reduction for a guilty plea (or) would hear nothing of a plea bargain (or) wouldn't allow my client to cop a plea", etc.

As you mention in your explanation, this part of the text refers to the process of "conformidad," which in Spanish criminal procedure is similar to the US concept of reaching a negotiated plea ("plea bargain" or "plea agreement"). If the "fiscal" offers or agrees to a plea reduction (which this one is refusing to do) and the accused takes it (called "conformarse"), then the judge will enter a judgment based on the plea bargain ("sentencia de conformidad"). I know you need UK English and may have to check whether this terminology is appropriate for a UK audience, although "plea bargain" would probably by understood in the UK (10,700 google hits for "plea bargain" on ".uk" websites). "Plea reduction" may be appropriate too.


Plea- Bargaining in the UK

Plea-bargaining is originally an Anglo-American system of bypassing juries to reduce workload of the courts although, today it is probably most actively used in the US. A fair number of other common law jurisdictions have also incorporated plea-bargaining. Courts in the UK have insisted on being the primary actor in the determination of the punishment. It was formally introduced in England by the Criminal Procedure and Investigations Act, 1996.

The Criminal Justice Act 2003 has laid down the powers of the judge as regards sentence reduction in case of guilty pleas, expressly, in section 144-

144
Reduction in sentences for guilty pleas

(1) In determining what sentence to pass on an offender who has pleaded guilty to an offence in proceedings before that or another court, a court must take into account-

(a) the stage in the proceedings for the offence at which the offender indicated his intention to plead guilty, and

(b) the circumstances in which this indication was given.

(2) In the case of an offence the sentence for which falls to be imposed under subsection (2) of section 110 or 111 of the Sentencing Act, nothing in that subsection prevents the court, after taking into account any matter referred to in subsection (1) of this section, from imposing any sentence which is not less than 80 per cent of that specified in that subsection.

This is a direct reproduction of the section 152 of the Powers of Criminal Courts (Sentencing) Act, 2000, whereby the judge has the discretion to reduce sentence if a plea of guilt is made early enough in the trial.[1]

In R. v. Turner (F.R.)[2], it was held that any discussion must be between the judge and the counsels on both sides. If counsel is instructed by a solicitor who is in court, he too should be allowed to attend the discussion. This freedom of access is important because there may be matters calling for communication or discussion of such a nature that the advocate cannot, in his client's interest, mention them in open court, e.g. the advocate, by way of mitigation, may wish to tell the judge that the accused has not long to live because he is suffering maybe from cancer, of which he is and should remain ignorant. Again, the advocates on both sides may wish to discuss with the judge whether it would be proper, in a particular case, for the prosecution to accept a plea to a lesser offence. It is imperative that, so far as possible, justice must be administered in open court.

In Att.-Gen.'s Reference (No. 44 of 2000) (R. v. Peverett)[3], it was stated that it was only in wholly exceptional circumstances that counsel should have recourse to the judge in his room for the purpose of discussing pleas or sentence; an example of such circumstances was that of the defendant who was unaware that he was dying. In response to the court’s comments, the Attorney-General issued specific guidelines to prosecution authorities as regards acceptance of pleas and discussion about sentencing with the judge. The Attorney-General has clarified in the section entitled “Acceptance of Pleas” that:

* Hearing except in the most exceptional circumstances, should be conducted in public. This includes the acceptance of pleas by the prosecution and sentencing.
* The Code for Crown Prosecutors sets out the circumstances in which pleas to a reduced number of charges, or less serious charges, can be accepted. Where this is done, the prosecution should be prepared to explain their reasons in open court.
* The Court of Appeal has said on many occasions that justice should be transparent; only in the most exceptional circumstances should plea and sentence be discussed in chambers. Where there is such a discussion, the prosecution advocate should at the outset, if necessary, remind the judge of the principle that an independent record must always be kept of such discussions. The prosecution advocate should make a full note of such an event, recording all decisions and comments. This note should be made available to the prosecuting authority.
http://www.indlaw.com/legalfocus/focusdetails.aspx?ID=77




--------------------------------------------------
Note added at 3 hrs (2008-12-24 12:20:07 GMT)
--------------------------------------------------

Looking at how "sentence reduction" is used on UK legal websites, perhaps two of the suggestions above could be reworded:

she (the "fiscal") refused to offer a plea reduction (or) refused to offer a sentence reduction for a guilty plea

Rebecca Jowers
Spain
Local time: 10:58
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 2210
Grading comment
Thanks everyone! :)

Peer comments on this answer (and responses from the answerer)
agree  Richard Boulter: Yes, Michael said the same thing and we are all relying on U.S. legal jargon. Input from a colleague experienced in U.K. penal settings would be a great help here.
2 hrs
  -> Indeed it would!
agree  Consult Couture
3 hrs
  -> Thanks Suzanne
agree  Trujaman
4 hrs
  -> Gracias Trujaman
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10 hrs   confidence: Answerer confidence 5/5
refused to drop down the requested sentence


Explanation:

According to the link, another way to express it is:

refused to downward depart from the requested sentence
refused a downward departure from...

http://writ.news.findlaw.com/lazarus/20031002.html

Patricia Silva
Argentina
Local time: 05:58
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 107
Login to enter a peer comment (or grade)

12 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
the prosecutor declined/refused to offer a lesser or lower sentence


Explanation:
This is one of the ways that it is commonly stated here, in Arizona courts. I don't know if this would also work in the UK.
Good luck.

AZjuancarlos
Local time: 01:58
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 8
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1 day 11 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
(BE) mitigate the sentence sought


Explanation:
Whilst agreeing that all of the other answers could work in E&W, plus Scotland, I'm unsure that a US-type plea bargain - despite being enshrined in the UK Criminal Procedure & Investigation Act 1996 - is still unfrowned upon.

Paradoxically, mitigated sentence could work on both sides of the 'Pond' incl. Canada: see web ref. below.

Just as crucial is the translation of Fiscal: Treasury Junior, Junior Treasury Counsel, A-G etc.



Example sentence(s):
  • If a sentence gets reduced to a less harsh punishment, then the sentence is said to have been mitigated en.wikipedia.org/wiki/Sentence_(law)
  • medical reports that could mitigate the sentence I am about to pronounce. [8]. www.forces.gc.ca/cmj/sentence/2001/2001ecm032.s.pdf
Adrian MM. (X)
Local time: 10:58
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1292
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