LIMITING THE PLEA BARGAIN IN MULTNOMAH COUNTY (OR)

• NCJ Number: 46993
• Author(s): ANON
• Date Published: 1977
• Length: 12 pages
• Sponsoring Agency: US Dept of Justice
• Corporate Author: Multnomah Cty District Attorney's Office
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

LIMITING PLEA BARGAINING FOR SERIOUS CRIME WAS TRIED IN MULTNOMAH COUNTY (PORTLAND, OREG.) IN A UNIQUE LEAA-FUNDED PROGRAM; OPERATION AND EVALUATIONS OF THE PROGRAM ARE REPORTED.

Abstract

THIS 2-YEAR PROSECUTION PROJECT, KNOWN AS THE NO PLEA BARGAIN PROJECT ('IMPACT UNIT'), DEVOTED 100 PERCENT OF ITS ENERGY TO PROSECUTING HOME BURGLARS, ARMED ROBBERS, AND MAJOR 'FENCES' BY REFUSING TO REDUCE THE TOP FELONY CHARGE. UNLIKE THE HORIZONTAL MOVEMENT OF A CASE THROUGH MOST URBAN PROSECUTOR'S OFFICES, THE IMPACT UNIT ASSIGNS THE CASE TO A SINGLE DEPUTY DISTRICT ATTORNEY FROM THE TIME IT ENTERS THE SYSTEM UNTIL ITS RESOLUTION AT TRIAL. CONTRARY TO ORIGINAL EXPECTATIONS, ARREST-TO-TRIAL TIME HAS NOT LENGTHENED THE TIME FOR CASE DISPOSITION, NOR HAS REFUSAL TO PLEA BARGAIN LED TO CLOGGED TRIAL DOCKETS AND INEFFICIENCY. TWO MAJOR EVALUATIONS OF THE PROGRAM HAVE NOW BEEN CARRIED OUT. THE OREGON LAW ENFORCEMENT COUNCIL, USING DATA FROM 1972-1973, FOUND THAT THERE WERE DRAMATIC INCREASES IN THE NUMBERS OF DEFENDANTS WHO PLED TO THE ORIGINAL CHARGE AND CONCOMITANT REDUCTION IN THE NUMBERS OF CHARGES DISMISSED OR REDUCED WHILE AT THE SAME TIME 59 PERCENT MORE BURGLARY, ROBBERY, AND THEFT CASES WERE PROSECUTED. THE RAND CORPORATION CONDUCTED A RANDOM SURVEY OF 100 BURGLARY AND ROBBERY CASES IN 1973-1974 AND FOUND THAT: (1) 'ORIGINAL CHARGE' CONVICTION RATES FOR ROBBERY BY TRIAL OR GUILTY PLEA ROSE FROM 23 PERCENT IN 1973 TO 71 PERCENT IN 1974; (2) PRETRIAL DISMISSAL RATE FELL FROM 44 PERCENT TO 12 PERCENT, AND THERE WAS A RISE IN GROSS PLEA RATES (41 TO 61 PERCENT) AND OVERALL CONVICTION RATES (47 TO 77 PERCENT); (3) CHARGE BARGAINING ON ROBBERY GUILTY PLEAS DECREASED DRASTICALLY FROM 59 PERCENT IN 1973 TO 6 PERCENT IN IN 1974; (4) A HIGHER PROPORTION OF IMPACT OFFENDERS WAS INCARCERATED (67 TO 87 PERCENT); AND (5) IMPACT OFFENSES WERE MOVED MORE EXPEDITIOUSLY. BECAUSE OF THE SUCCESS OF IMPACT, THE MULTNOMAH COUNTY'S DISTRICT ATTORNEY'S OFFICE HAS RESTRICTED ITS PLEA BARGAINING POLICY TO INCLUDE OTHER CRIMINAL CHARGES AND ALL CASES INVOLVING CAREER CRIMINALS. TABULAR MATERIAL IS INCLUDED. (DJM)