NCJ Number
91770
Date Published
1983
Length
242 pages
Annotation
Bargaining for waiver of the right to jury trial but not for waiver of the right to trial before a court would be a less restrictive form of bargaining that could be substituted for plea bargaining.
Abstract
Coupled with sentencing guidelines, this waiver bargaining could treat together two issues that deserve this unified treatment: sentencing reform and plea negotiations. Another way to end the excessive dependence on the guilty plea would be to spend the money necessary to implement our constitutional ideals without shortcuts. The United States could provide 3-day jury trials to all felony defendants who reach the trial stage by adding no more than $850 million to annual criminal justice expenditures. The actual cost would probably be far less than this figure, however, because many defendants would plead guilty without bargaining and many cases could be tried in less than 3 days. Still another approach might be to simplify American trial procedures in the interest of making trials more available. Contrary to common understanding, the constitution would not preclude a substitution of mixed tribunals of professional and lay judges for criminal juries in State-court proceedings. Less sweeping reforms might also be possible. Four hundred fifty footnotes, many containing references, are included. (Author summary modified)