NCJ Number
100082
Journal
Cumberland Law review Volume: 15 Issue: 1 Dated: (1984-1985) Pages: 1-21
Date Published
1985
Length
21 pages
Annotation
This paper discusses the benefits and disadvantages of plea bargaining, ways to reduce judicially created obstacles that impede full consideration of the evidence and fair and speedy trials, and checks on prosecutorial discretion.
Abstract
The author first acknowledges the need for plea bargaining due to the uncertainty, costliness, complexity, and length of trials and appeals. After concluding that prosecutors have almost total discretion and concomitant control of the risk faced by the defendant, the paper examines reforms relating to appeals, jury selection and decision, inclusionary rules, and defendant's testimony that might make most plea bargaining unnecessary. Also discussed are the impact of the Miranda and Escobedo decisions on plea bargaining and Alaska's experience following the abolition of most plea bargaining in 1975. Suggestions are offered to check the discretion of prosecutors in refusing to bring charges, to bargain, or to drop charges when sufficient evidence exists for a trial. Special interests are distinguished from victim interests, and a role for a victim representative in a trial is outlined. 73 footnotes.