NCJ Number
34692
Journal
American Bar Association Journal Volume: 62 Dated: (MAY 1976) Pages: 621-624
Date Published
1976
Length
4 pages
Annotation
ARGUMENTS FOR AND AGAINST PLEA BARGAINING ARE REVIEWED, AND THE RESULTS OF A MARICOPA COUNTY (AZ) BAN ON PLEA NEGOTIATIONS ARE OUTLINED.
Abstract
PLEA BARGAINING HAS LONG BEEN CONSIDERED A NECESSARY PART OF THE CRIMINAL JUSTICE SYSTEM. SUPPORTERS OF PLEA BARGAINING ARGUE THAT SUCH NEGOTIATIONS ARE NECESSARY TO AVOID COURT CONGESTION. THE AUTHOR REFUTES THESE ARGUMENTS, CONTENDING THAT PLEA BARGAINING UNDERMINES JUSTICE, RESTRICTS JUDGE SENTENCING DISCRETION, CAUSES A LOSS OF PUBLIC CONFIDENCE, AND PROMOTES CORRUPTION IN THE PROSECUTOR'S OFFICE. THE EXPERIENCE OF MARICOPA COUNTY IS CITED TO DEMONSTRATE THAT PLEA BARGAINING IS NOT AN ESSENTIAL FEATURE OF CRIMINAL JUSTICE. IN MARICOPA COUNTY, PLEA BARGAINING WAS PHASED OUT FOR A WIDE RANGE OF FELONY CRIMES, INCLUDING HOMICIDE, ROBBERY, KIDNAPPING, SALE OF NARCOTICS, BURGLARY, RAPE, AND CHILD MOLESTATION. IT WAS FOUND THAT THE NUMBER OF TRIALS DID NOT SUBSTANTIALLY INCREASE, AND THAT MOST DEFENDANTS PLEADED GUILTY TO CHARGES WITHOUT PLEA NEGOTIATIONS.