NCJ Number
186594
Date Published
1999
Length
26 pages
Annotation
This Note considers whether a ban on plea bargaining is an ethical abuse of discretion.
Abstract
The Note discusses the advantages and criticisms of plea bargaining and the prosecutor's role in the plea bargaining process. It examines the origin of the November 1992 Bronx County, NY, plea bargaining ban and its effects on the Bronx criminal justice system. It also examines the prosecutor's ethical duties and discusses whether the Bronx District Attorney's behavior violated those ethical duties when he banned plea bargaining. While the Bronx plea bargaining ban does not violate any specific ethics rules, it raises serious concerns that must be addressed before the Bronx criminal justice system suffers irreparable harm. The Note suggests two possible courses of action. First, the District Attorney could extend the time allotted for plea bargaining so that defendants would have sufficient time to secure information necessary to assist them in deciding whether or not to plead guilty. Second, the District Attorney could implement written guidelines governing the plea bargaining process to prevent abuses of discretion and to ensure that appropriate sentences are imposed. The Note concludes that, in the absence of modification, the Bronx plea bargaining ban is destined to fail, and the Bronx District Attorney will be forced to rescind the ban and restore plea bargaining, as has been done in other jurisdictions. If plea bargaining bans are to succeed, controls are needed to guide prosecutors in exercising their discretion. Notes