Guilty Plea (From Criminal Justice: Introductory Cases and Materials, Fifth Edition, P 432-489, 1991, John Kaplan and Jerome H Skolnick, et al., -- See NCJ-130236)

• NCJ Number: 130245
• Author(s): J Kaplan; J H Skolnick; M M Feeley
• Date Published: 1991
• Length: 58 pages
• Sale Source: Foundation Press
• Publication Type: Training (Aid/Material)
• Language: English
• Country: United States of America

Annotation

After considering the history of the plea bargaining system, this chapter examines the roles of prosecutor, defense counsel, and judge in plea negotiations and issues in the reform of plea-negotiation structure and procedure.

Abstract

The review of the history of the plea bargaining system notes that the guilty-plea system has grown largely as the result of the increase in the volume of crime in recent decades, such that it is impossible to have a high percentage of trials given limited court resources. The problem is compounded by the various factors that have tended to increase the length of trials. A discussion of the prosecutor's role in plea bargaining considers the prosecutor's basic motives in granting concessions, the problem of overcharging (excessive multiple charges designed to provide a cushion in plea negotiations), and the prosecutor's bargaining position. A review of the posture of the defense in plea negotiations considers the pressure brought on defendants through pretrial detention and the defense attorney's role in serving the bureaucratic goals of the court system. A discussion of the judge's role in plea negotiations focuses on ensuring plea voluntariness and determining the influence of a guilty plea on sentencing. A discussion of the restructuring of the plea bargaining system addresses the need for a more structured, formal mechanism for negotiation that involves the judge, the prosecutor, the defense attorney, and the defendant. The chapter concludes with a review of arguments for and against plea bargaining. 4 tables, 5 recommended readings, and discussion questions