INDUCEMENTS TO PLEAD GUILTY - FRONTIER JUSTICE REVISITED (FROM READINGS IN CRIMINOLOGY, 1978 BY PETER WICKMAN AND PHILLIP WHITTEN - SEE ALSO NCJ-46541)

• NCJ Number: 46552
• Author(s): J F KLEIN
• Date Published: 1978
• Length: 15 pages
• Corporate Author: Lexington Books
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

CANADIAN OFFENDERS PERCEPTIONS OF TACTICS USED BY OFFICIALS TO INDUCE THEM TO PLEAD GUILTY WHEN THEY MIGHT OTHERWISE HAVE BEEN INCLINED TO TAKE THEIR CHANCES WITH A TRIAL ARE DISCUSSED.

Abstract

ONE TACTIC CITED BY OFFENDERS IS THE PRACTICE OF OFFERING TO DISMISS CHARGES AGAINST A FEMALE IN EXCHANGE FOR A GUILTY PLEA FROM A MALE (OR THREATENING TO ARREST AND CHARGE THE FEMALE IF THE GUILTY PLEA IS NOT ENTERED). ANOTHER TACTIC IS THE THREAT TO CHARGE THE ACCUSED AS AN HABITUAL CRIMINAL UNLESS HE PLEADS GUILTY. A THIRD APPROACH, PARTICULARLY COMMON WITH NATIVE OFFENDERS IN CANADA, IS TO CAPITALIZE ON AN OFFENDER'S FEAR OR IGNORANCE. BECAUSE AN OFFENDER OFTEN IS NOT CREDITED FOR TIME SERVED IN CUSTODY WHILE AWAITING TRIAL, THE THREAT OF HAVING TO SERVE A PROTRACTED PERIOD OF 'DEAD TIME' CAN ALSO BE USED TO EXTRACT A GUILTY PLEA. OVERCHARGING -- CHARGING THE ACCUSED IN SUCH A WAY THAT HE THINKS HE MAY RECEIVE A SENTENCE MORE SEVERE THAN THE SENTENCE NORMALLY GIVEN FOR THE ACT HE HAS COMMITTED -MAY ALSO SERVE AS AN INDUCEMENT FOR THE ACCUSED TO PLEAD GUILTY TO A SEEMINGLY LESSER, BUT IN FACT NORMAL, CHARGE. QUOTES FROM OFFENDERS WHO WERE INTERVIEWED ABOUT THEIR PLEA-BARGAINING EXPERIENCES ARE INCLUDED. (LKM)