LEGALITY AND EQUALITY - PLEA BARGAINING IN THE PROSECUTION OF WHITE-COLLAR AND COMMON CRIMES

• NCJ Number: 59922
• Journal: Law and Society Review Volume: 13 Issue: 2 Dated: SPECIAL ISSUE (WINTER 1979) Pages: 431-459
• Author(s): J KATZ
• Date Published: 1979
• Length: 29 pages
• Grant Number(s): 78-NI-AX-0017
• Sponsoring Agency: US Dept of Justice
• Corporate Author: Law and Society Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

A CASE STUDY OF THE U.S. ATTORNEY'S OFFICE FOR THE EASTERN DISTRICT OF NEW YORK SHOWS HOW THE DIFFERENCES IN PROSECUTION OF WHITE-COLLAR AND COMMON CRIMES CAN BE ADDRESSED THROUGH REFORM.

Abstract

TWO DISTINCT TRENDS HAVE EMERGED IN CURRENT CRIMINAL JUSTICE REFORM EFFORTS. ONE HAS BEEN THE EFFORT TO ENSURE THAT THE SYSTEM PROSECUTED WHITE-COLLAR CRIMINALS AS WELL AS COMMON CRIMINALS, AND THE SECOND TREND HAS BEEN AN INSISTENCE THAT GREATER ATTENTION BE GIVEN TO PROTECTING THE DUE PROCESS RIGHTS OF DEFENDANTS. THIS STUDY CONCENTRATES ON THE IMPLICATIONS OF DISCERNIBLE DIFFERENCES IN THE PROSECUTION OF THESE TWO TYPES OF CRIME IN ACHIEVING THESE REFORM OBJECTIVES. PROSECUTORS TYPICALLY BECOME INVOLVED AT DIFFERENT STAGES IN THE SYSTEM'S RESPONSE TO THESE TWO TYPES OF CRIME. FOR EXAMPLE, IN MAKING A WHITE-COLLAR CASE, THE PROSECUTOR OFTEN BEGINS INTERACTING WITH POTENTIAL DEFENDANTS LONG BEFORE A CASE FORMALLY APPEARS ON THE PUBLIC RECORD. PROSECUTORS START TO INTERACT WITH PEOPLE SUSPECTED OF COMMON CRIMES LATER IN THE JUDICIAL PROCESS, TYPICALLY AT ABOUT THE TIME FORMAL CHARGES ARE FIRST FILED. BECAUSE OF THE RELATIVELY GREATER SOCIAL DISTANCE BETWEEN PROSECUTORS AND POLICE IN ENFORCING LAWS AGAINST COMMON CRIMINALS, FORMAL RECORDS GIVE A MISLEADING IMPRESSION THAT LEGITIMATE PROSECUTORIAL POWER IS BEING BARGAINED AWAY. ON THE OTHER HAND, BECAUSE THERE IS LITTLE SOCIAL DISTANCE BETWEEN THE PROSECUTORIAL AND INVESTIGATIVE FUNCTIONS IN THE PROSECUTION OF WHITE-COLLAR CRIMES, THE FORMAL RECORD GREATLY UNDERREPRESENTS THE EXERCISE OF PROSECUTORIAL DISCRETION NOT TO PROSECUTE. IT IS SUGGESTED THAT REFORMS THAT WOULD MAKE BARGAINING OVER FORMAL DISPOSITIONS OF CASES MORE CONSISTENT WITH LEGALITY OR DUE PROCESS WOULD MOST LIKELY DISCOURAGE LENIENCY IN THE PROSECUTION OF COMMON CRIMES WHILE LEAVING LARGELY UNAFFECTED THE LESS VISIBLE DECISIONS BY PROSECUTORS NOT TO PROSECUTE WHITE-COLLAR CRIMES. FOOTNOTES AND REFERENCES ARE PROVIDED. (KCP)