NCJ Number
36059
Date Published
1975
Length
10 pages
Annotation
DESCRIPTION OF THE UNFORESEEN CONSEQUENCES OF TWO REFORMS IN THE LEGAL PROCESS TO ILLUSTRATE WHAT MIGHT BE INVOLVED IN DEVELOPING A MODEL OF THE LEGAL PROCESS THAT COULD AID IN EXPLAINING AND PREDICTING SUCH CONSEQUENCES.
Abstract
DISCUSSED ARE THE FACTS THAT INCREASED PRETRIAL RELEASE RESULTED IN INCREASED RATHER THAN DECREASED JAIL POPULATIONS AND THAT THE EFFECTS OF SWITCHING FROM TWELVE TO SIX JURORS WAS A DROP RATHER THAN A RISE IN THE CONVICTION RATE. THE AUTHORS CONTEND THAT THESE UNINTENDED CONSEQUENCES CAN BE MEANINGFULLY EXPLAINED AND PREDICTED IF IT IS RECOGNIZED THAT EFFECTS OF LEGAL PROCESS CHANGES ARE LIKELY TO BE DETERMINED BY HOW THE CHANGES RELATE TO THE PLEA BARGAINING PROCESS. IN THE CASE OF INCREASED PRETRIAL RELEASE, THE PERCENT OF UNSUCCESSFUL PLEA BARGAINS (GUILTY PLEAS TO LESSER CHARGES) ROSE INCREASING THE NUMBER OF TRIALS, TRIAL DELAY, AND, THEREFORE, THE NUMBER OF DEFENDANTS (BOTH IN JAIL AND OUT) AWAITING TRIAL. SINCE THE EXPECTED CONSEQUENCE OF SMALLER JURIES WAS A HIGHER CONVICTION RATE, DEFENSE COUNSEL BEGAN TO BRING TO TRIAL ONLY THE MORE PRO-DEFENSE CASES (PLEA BARGAINING THE REST), THEREBY RESULTING IN A LOWER CONVICTION RATE.