NCJ Number
59535
Date Published
1980
Length
327 pages
Annotation
DATA ON COURT OPERATIONS IN ALASKA'S THREE LARGEST CITIES WERE COLLECTED FOR 1 YEAR PRIOR TO AND 1 YEAR FOLLOWING THE STATE'S PROHIBITION OF PLEA BARGAINING IN 1975.
Abstract
SHORTLY AFTER ALASKA'S ATTORNEY GENERAL PROHIBITED PLEA BARGAINING STATEWIDE, THE ALASKA JUDICIAL COUNCIL BEGAN AN EVALUATION OF THE NEW POLICY. THE REPORT SUMMARIZES THE RESULTS OF HUNDREDS OF LENGTHY CONVERSATIONS ABOUT THE EFFECTS OF THE PROHIBITION AND THE RESULTS OF STATISTICAL ANALYSIS INVOLVING NEARLY 3,600 FELONY CASES FOR THE CITIES OF ANCHORAGE, FAIRBANKS, AND JUNEAU. THE EVALUATION SHOWED THAT PLEA BARGAINING HAD BEEN EFFECTIVELY CURTAILED WITHOUT BEING REPLACED BY IMPLICIT OR COVERT FORMS OF THE SAME PRACTICE. OTHER CONCLUSIONS ESTABLISHED THAT (1) INSTEAD OF BOGGING DOWN, COURT PROCESSES ACCELERATED; (2) DEFENDANTS CONTINUED TO PLEAD GUILTY AT ABOUT THE SAME RATES; (3) ALTHOUGH THE TRIAL RATE INCREASED SUBSTANTIALLY, THE NUMBER OF TRIALS REMAINED SMALL; (4) SENTENCES BECAME MORE SEVERE, BUT ONLY FOR LESS SERIOUS OFFENSES AND RELATIVELY 'CLEAN' OFFENDERS; (5) THE CONVICTION AND SENTENCING OF PERSONS CHARGED WITH SERIOUS CRIMES OF VIOLENCE APPEARED UNAFFECTED BY THE POLICY CHANGE; (6) OVERALL CONVICTION RATES DID NOT CHANGE SIGNIFICANTLY ALTHOUGH PROSECUTORS WERE WINNING A LARGER PROPORTION OF THOSE CASES THAT WENT TO TRIAL; AND (7) LOCAL STYLES OF PROSECUTING AND JUDGING WERE OF SUCH OVERRIDING IMPORTANCE THAT THESE DIFFERENCES WERE DEEMED TO HAVE A MUCH GREATER EFFECT UPON DISPOSITIONS THAN PLEA BARGAINING POLICY. THE FINDINGS STRONGLY SUGGEST THAT CURRENT THINKING ABOUT PLEA BARGAINING OVEREMPHASIZES THE DIFFICULTIES IN REFORMING OR ABOLISHING IT. THE APPENDIXES CONTAIN THE ATTORNEY GENERAL'S MEMORANDA ON PLEA BARGAINING, TABULAR DATA, AND LISTS OF ADVISORY BOARD MEMBERS. FOOTNOTES ARE PROVIDED.