Investigation of Facts in Preparation for Plea Bargaining

• NCJ Number: 86946
• Journal: Arizona State Law Journal Volume: 1981 Issue: 2 Dated: (1981) Pages: 557-583
• Author(s): M Lieberman
• Date Published: 1981
• Length: 27 pages
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

This comment explores the extent of a defense attorney's responsibility to investigate the facts of a case in preparation for plea negotiation based upon various standards, and results are reported from a survey of defense attorneys regarding their opinions about preparation for plea negotiation.

Abstract

This essay first explores the extent of an attorney's responsibility to investigate the facts of a case in preparation for plea negotiation based upon the American Bar Association Standards, the views of commentators, and appellate decisions that focus on the sixth amendment right to counsel and the requirement that a guilty plea be entered voluntarily and intelligently. Then results are presented from a survey of 173 criminal defense lawyers in Maricopa County, Ariz., which questioned them about their opinions and attitudes toward plea bargaining and their actual preparation for it. Attention was given to the importance of factual investigation to the plea bargaining process, the most important factors in preparing for plea bargaining, and the accuracy of police reports in predicting the strength of the prosecution's case at the plea bargaining stage. The attorneys agreed that investigation is necessary to assess important factors in plea bargaining, such as weakness in the prosecution's case and the strength of defense evidence. In actual practice, however, lawyers are investigating the facts of a case less thoroughly prior to plea bargaining than they would in preparation for trial. The survey also indicated that lawyers who interview the victims of felony crimes of violence may be more likely to achieve better plea bargains for their clients than those obtained by lawyers who do not interview the victim. In about one-half of their cases, the attorneys interviewed are not interviewing the victim, other prosecution witnesses, or even the defense witnesses before plea bargaining. Tabular data and 131 notes are provided. For other documents on the Arizona study, see NCJ 86944-45 and 86947.