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Impact on Procedural Modifications on Evaluations of Plea Bargaining

NCJ Number
78379
Journal
Law and Society Review Volume: 15 Issue: 2 Dated: (1980-1981) Pages: 267-291
Author(s)
P Houlden
Date Published
1981
Length
25 pages
Annotation
This experiment was conducted to assess the preferences of undergradutes and inmates for two possible modifications of plea bargaining: allowing the defendant to participate and including a State-paid or community-volunteer mediator in the negotiation.
Abstract
Respondents were asked to role-play a defendant who was either innocent or guilty of a murder and confronted with either weak or strong State's evidence. One group of respondents consisted of 59 male and female inmates of a county detention center in Florida who were awaiting trial or sentencing and volunteered to participate. The other group included 65 male and female undergraduates of the University of Florida. Results indicate that all defendants preferred plea bargaining procedures which included the defendant. Undergraduates preferred procedures which involved a mediator, but inmates were neutral toward this modification. Undergraduates preferred a State-paid mediator, while inmates preferred a community volunteer. It is recommended that defendants be allowed to attend the plea negotiation session and participate when they feel their case would benefit by such intervention. Such a policy would increase defendants' satisfaction and improve currently negative attitudes toward plea bargaining. A table, a few footnotes, and 30 references are included. (Author abstract modified)

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