JUSTICE AND NEGOTIATION IN THE CRIMINAL COURTS

• NCJ Number: 39455
• Author(s): P J UTZ
• Date Published: 1977
• Length: 343 pages
• Grant Number(s): 76-NI-99-0007
• Sponsoring Agency: US Dept of Justice
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

THIS PAPER STUDIES THE SOCIAL ORGANIZATION OF JUSTICE IN THE U.S. CRIMINAL COURT SYSTEM AND ARGUES THAT PLEA NEGOTIATIONS CAN FACILITATE THE GROWTH OF 'SUBSTANTIVE JUSTICE.'

Abstract

THE FOUR-PART STUDY IS THE RESULT OF OBSERVATIONS AND INTERVIEWS CONDUCTED IN THE COURTS OF SAN DIEGO AND ALAMEDA COUNTIES FROM MARCH 1974 THROUGH JUNE 1975. PART ONE ASSESSES THE 'ADMINISTRATIVE MODEL' OF PLEA BARGAINING, WHICH ARGUES THAT PROSECUTORIAL MANAGEMENT CONCERNS, JUDGES' AND PUBLIC DEFENDERS' BUREAUCRATIC NEEDS, AND PECUNIARY AND PROFESSIONAL INTERESTS OF PRIVATE ATTORNEYS MAKE BARGAINING A NECESSITY. A CASE STUDY OF THE SAN DIEGO COUNTY COURT SYSTEM IS PRESENTED IN THE SECOND PART. PART THREE IS THE ALAMEDA COUNTY COURTS CASE STUDY. PART FOUR IS A THEORETICAL ANALYSIS OF 'SUBSTANTIVE JUSTICE' BARGAINING AND CONDITIONS THAT FACILITATE OR HINDER ITS GROWTH, WHICH HOLDS THAT THERE IS AN INNER DYNAMIC TO NEGOTIATION WHICH PROPELS EACH SIDE TO CONSIDER THE CLAIMS OF THE OTHER ACCORDING TO PRINCIPLES OF RATIONALITY AND FAIRNESS. THE AUTHOR CONCLUDES THAT THE DEVELOPMENT OF SUBSTANTIVE JUSTICE NEGOTIATION MAY DEPEND ON JUDICIAL ASSUMPTION OF REVIEW AND OVERSIGHT DUTIES. (AUTHOR ABSTRACT MODIFIED)...EB