NCJ Number
27628
Journal
New York State Bar Journal Volume: 40 Issue: 2 Dated: (1968) Pages: 434-442
Date Published
1968
Length
9 pages
Annotation
THE AUTHOR CONTENDS THAT PLEA NEGOTIATION PROCESSES HAVE REACHED SUCH PROPORTIONS IN MANY AREAS OF NEW YORK STATE THAT IT HAS BECOME AN ANTICIPATED AND ROUTINE PRACTICE WITH THE DEFENSE, THE DEFENDANT, AND THE PROSECUTION.
Abstract
THIS PAPER EXPLORES THE INDICTMENT PROCESS AND THE VARYING PATTERNS OF PLEA NEGOTIATIONS AND CITES INSTANCES OF QUESTIONABLE PRACTICES BROUGHT ON BY WHAT THE AUTHOR SEES AS A LACK OF STANDARDS AND CONTROLS OVER PLEA BARGAINING. HE POINTS OUT THAT A STATISTICAL COMPARISON OF ORIGINAL CHARGES AND RESULTANT CONVICTIONS INDICATE EITHER THAT TOO MANY DEFENDANTS ARE BEING OVERCHARGED OR THAT AN INSUFFICIENT NUMBER ARE BEING CONVICTED FOR THE CRIMES THEY COMMIT. RECOMMENDATIONS FOR REFORM INCLUDE REQUIRING THE SUBMISSION OF WRITTEN DOCUMENTED BASES FOR A PLEA TO REDUCED CHARGES AND UTILIZING ALTERNATIVE METHODS SHORT OF A GRAND JURY INDICTMENT, IN APPROPRIATE CASES, TO TAILOR THE CHARGE TO THE DESIRED CONVICTION GOAL OF THE PROSECUTOR. SEVERAL CHANGES IN THE NEW YORK STATE CRIMINAL CODE ARE ALSO CITED AS CONDUCIVE TO DECREASING PLEA BARGAINING IN INDICTABLE MATTERS. THESE INCLUDE THE REDUCTION OF 'UNAUTHORIZED USE OF A VEHICLE' TO A MISDEMEANOR, AN INCREASE IN THE VALUE LIMITS FOR FELON THEFT, AND OPTIONAL LIFE SENTENCES FOR PERSISTENT FELONY OFFENDERS.