NCJ Number
31912
Journal
Iowa Law Review Volume: 60 Dated: (1975) Pages: 1053-1071
Date Published
1975
Length
19 pages
Annotation
VALUE OF PLEA BARGAINING AS A CRIMINAL JUSTICE INSTITUTION WAS EXAMINED USING DATA FROM THE COUNTY COURT IN BLACK HAWK COUNTY, IOWA.
Abstract
THIS EXAMINATION INVOLVES THREE STEPS OF ANALYSIS. FIRST, A BRIEF JUDICIAL HISTORY OF PLEA BARGAINING IS PRESENTED. THEN THE SOCIAL COSTS AND BENEFITS OF PLEA BARGAINING IS EXPLORED TO ASSESS ITS VALUE AS AN ESTABLISHED INSTITUTION IN OUR CRIMINAL JUSTICE SYSTEM. FINALLY, THIS COST/BENEFIT ANALYSIS IS TESTED BY STATISTICAL DATA OBTAINED FROM THE CRIMINAL DOCKETS OF BLACK HAWK COUNTY, IOWA. IT IS SEEN THAT SOME OF THE TRADITIONAL NOTIONS WHICH SURROUND THE INSTITUTION OF PLEA BARGAINING ARE NOT SUPPORTED BY OBJECTIVE DATA. THIS STUDY REVEALS A MORE EFFICIENT CRIMINAL JUSTICE SYSTEM WITHIN BLACK HAWK COUNTY AFTER PLEA BARGAINING WAS ELIMINATED AND THE SYSTEM WAS GIVEN THE BENEFIT OF CERTAIN KEY SUPPORTING STRUCTURES. THIS INCREASED EFFICIENCY WAS EVIDENCED IN THREE MAJOR AREAS: FIRST, THE COUNTY ATTORNEY'S OFFICE WAS ABLT TO OBTAIN THE SAME NUMBER OF FELONY CONVICTIONS WHILE THE NUMBER OF CASES FILED DURING THE COMPARISON PERIOD DECREASED 23 PERCENT; SECOND, THERE WAS A 500 PERCENT DECREASE IN THE NUMBER OF DISMISSALS OCCURRING FROM 1973 TO 1974; THIRD, WHILE 50 PERCENT OF THE TRIALS DURING THE 1973 QUARTER RESULTED IN GUILTY VERDICTS, 75 PERCENT OF THE TRIALS RESULTED IN GUILTY VERDICTS DURING THE CORRESPONDING QUARTER IN 1974. (AUTHOR ABSTRACT)