ADJUDICATION AS THE ADMINISTRATIVE PROCEDURES OF CHARGING AND PLEA BARGAINING - THE ROLES OF PROSECUTION AND DEFENSE (FROM CRIME AND CRIMINAL JUSTICE, 1975, BY J A GARDINER & M A MULKEY - SEE NCJ-37751)

• NCJ Number: 37757
• Author(s): M A MULKEY
• Date Published: 1975
• Length: 10 pages
• Corporate Author: D C Heath and Co
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

AFTER EXAMINING THE FACTORS WHICH INFLUENCE THE PROSECUTOR'S DECISION TO BRING CHARGES AND TO NEGOTIATE A PLEA, THIS ARTICLE REVIEWS CRITICISMS OF PLEA BARGAINING AND DISCUSSES POLICY ISSUES RELATING TO PLEA NEGOTIATION.

Abstract

THE DECISION TO CHARGE MAY BE AFFECTED BY SUCH VARIABLES AS THE STRENGTH OF THE STATE'S CASE, THE PROPENSITY OF THE JUDGE TO DISMISS OR ACQUIT CERTAIN TYPES OF DEFENDANTS, THE POSSIBLE DEFENSES OF THE DEFENDANT, THE CRIMINAL HISTORY OF THE DEFENDANT, THE SERIOUSNESS OF THE CRIME, AND THE RESOURCES AVAILABLE TO THE PROSECUTOR. SIMILAR FACTORS ARE FOUND TO INFLUENCE THE DECISION TO PLEA BARGAIN. AMONG THE CRITICISMS OF THE PLEA BARGAINING PROCESS NOTED BY THE AUTHOR ARE THAT PLEA BARGAINING MAY ENCOURAGE UNNECESSARY GUILTY PLEAS; THAT SUCH NEGOTIATIONS MAY LEAD TO INCOMPLETE DEVELOPMENT OF THE FACTS OF THE CASE; THAT PLEA NEGOTIATIONS MAY IGNORE THE INDIVIDUAL REHABILITATIVE NEEDS OF THE DEFENDANT; AND THAT PLEA BARGAINING MAY LEAD TO IRRATIONAL SENTENCE DISPARITY AND ALLOWS ILLEGITIMATE CONSIDERATIONS SUCH AS THE STRENGTH OF THE STATE'S CASE AND THE CONCERN FOR COURT CASE FLOW TO ENTER INTO THE DETERMINATION OF SENTENCES. FINALLY, THE AUTHOR DISCUSSES TWO IMPORTANT ISSUES WHICH HAVE RECEIVED CONSIDERABLE ATTENTION IN TERMS OF PROPOSALS FOR REFORM: THE LOW VISIBILITY OF THE PLEA NEGOTIATION PRACTICE AND THE WIDESPREAD LACK OF EXPLICIT POLICY CONCERNING ITS PROCEDURES AND STANDARDS. (AUTHOR ABSTRACT MODIFIED)