NCJ Number
50876
Journal
Columbia Human Rights Law Review Volume: 8 Issue: 2 Dated: (FALL/WINTER 1977) Pages: 49-57
Date Published
1977
Length
9 pages
Annotation
PLEA BARGAINING IS DEFINED AND ITS USES AND PROCEDURES ARE DESCRIBED. EMPHASIS IS ON INFORMING THE DEFENDANTS OF RIGHTS AND OPTIONS IN A PLEA BARGAINING SITUATION.
Abstract
IT IS STATED THAT THE NEW YORK CRIMINAL JUSTICE SYSTEM IS GEARED TOWARD MAKING A PERSON PLEAD GUILTY, SO THAT PLEA BARGAINING IS A NATURAL TACTIC THAT WORKS WELL WITHIN THE SYSTEM. THE DEFENSE COUNSEL IS AN IMPORTANT FACTOR IN PLEA BARGAINING, AND A PERSON WHO CANNOT AFFORD A PRIVATE ATTORNEY WILL BE ASSIGNED ONE FROM LEGAL AID OR THE APPELLATE DIVISION PANEL. THE DISTRICT ATTORNEY AND THE JUDGE ARE ALSO IMPORTANT FIGURES IN THE PLEA BARGAINING PROCESS, AND DEFENDANTS SHOULD ATTEMPT TO GATHER INFORMATION ON THE TYPE OF JUDGE AND DISTRICT ATTORNEY THAT THEY WILL BE DEALING WITH AT THE TIME OF THE INITIAL ARRAIGNMENT AND FIRST INTERVIEW WITH THE COUNSEL. BAIL SETTING IS A SIGNIFICANT PROCEDURAL STEP; THE ACCUSED PERSON OUT ON BAIL SHOULD ENROLL IN SCHOOL, OBTAIN PSYCHIATIRC TREATMENT, OR INVOLVE THEMSELVES IN SOME OTHER FORM OF POSITIVE BEHAVIOR AT THIS TIME IN ORDER TO ASSIST THEIR ATTORNEY IN THE DEFENSE STRATEGY. IT IS STRESSED THAT DEFENDANTS MUST REVEAL ANY FORMER OFFENSE RECORDS TO THEIR ATTORNEY. THE PROBLEMS ARISING FROM A PRIOR OFFENSE RECORD ARE DISCUSSED IN CONJUNCTION WITH THE ARRAIGNMENT STAGE AT WHICH PLEA BARGAINING IS MOST OFTEN DECIDED. NEW YORK STATE LAW PROHIBITS PERSONS CONVICTED OF A FELONY WITHIN THE LAST 10 YEARS FROM PLEA BARGAINING. THE DEFENDANT HAS A SECOND CHANCE TO PLEA BARGAIN AT THE PRELIMINARY HEARING. AT THIS STAGE THE ACCUSED PERSON CAN BE INDICTED, AND IN THAT CASE THE PERSON SHOULD CHECK THE STATUTES UNDER WHICH THE INDICTMENT WAS MADE AND THOSE GOVERNING PLEA BARGAINING IN SIMILAR CASES. AFTER ARRAIGNMENT ON INDICTMENT, THE PLEA BARGAINING PROCESS STARTS AGAIN IN THE TRIAL COURT; OFTEN THE PROMISE OF A CERTAIN SENTENCE IS INVOLVED. METHODS THAT CAN IMPROVE THE DEFENDANT'S POSITION AT THIS STAGE ARE DISCUSSED. (DAG)