NCJ Number
68470
Date Published
1979
Length
324 pages
Annotation
THIS STUDY ANALYZED THE PRACTICE OF NEGOTIATING THE GUILTY PLEA IN TERMS OF ITS RELATIONSHIP TO THE FUNCTIONAL NEEDS AND IDEAL GOALS OF THE COURT SYSTEM.
Abstract
THE RESEARCHER EXAMINED FELONY CASE DISPOSITION WITHOUT TRIAL IN ONE PACIFIC NORTHWEST URBAN COURT SYSTEM. RECORDS CONCERNING THE NATURE AND OUTCOMES OF FELONY DISPOSITIONS IN 1976 AND 1977 WERE RESEARCHED, ALONG WITH DATA ON THE FORMAL STRUCTURE, PROCEDURES, AND POLICIES OF THE COURT ORGANIZATION. INVERVIEWS WERE HELD WITH PROSECUTORS, PUBLIC DEFENDERS, AND JUDGES, AND THE RESEARCHER OBSERVED GUILTY PLEA HEARINGS AND NEGOTIATION CONFERENCES. THE BASIC ASSUMPTION OF THE STUDY WAS THAT CASE DISPOSITION THROUGH A BARGAINING PROCESS PROVIDES FOR BOTH FUNCTIONAL NEEDS AND IDEAL GOALS WHICH ARE NOT CLEARLY PROVIDED FOR IN THE TRIAL SYSTEM. IT WAS FOUND THAT THE MAJORITY OF CASES WERE SETTLED BY GUILTY PLEAS AND THE MAJORITY OF GUILTY PLEAS INVOLVED SOME KIND OF BARGAIN. THE DISTRICT ATTORNEY'S OFFICE WAS NOTICEABLY INFLEXIBLE IN TERMS OF BARGAINING CRITERIA, BUT IF THE DEFENSE COULD FIND LEGAL LOOPHOLES IN THE STATE'S CASE, THE CHANCES OF THE DEFENDANT GETTING A GOOD DEAL IMPROVED. PLEADING GUILTY TO A REDUCED CHARGE RESULTED IN THE GREATEST LIKELIHOOD OF A DEFENDANT RECEIVING A NONINCARCERATION SENTENCE. THE STUDY CONCLUDED THAT, GENERALLY, THE FINDINGS SUPPORTED THE ASSUMPTION THAT DISPOSITION BY GUILTY PLEA NEGOTIATION COULD FULFILL FUNCTIONAL NEEDS OF THE COURT SYSTEM WITHIN A LEGALISTIC FRAMEWORK. TABLES AND 57 REFERENCES ARE INCLUDED. APPENDIXES PROVIDE VARIABLE CODINGS, A DESCRIPTION OF THE FIELD RESEARCH MODEL, A SAMPLE QUESTIONNAIRE, AN OBSERVATION SCHEDULE, THE OREGON CRIMINAL PROCEDURE CODE, JOB DESCRIPTIONS, A SUMMARY PROFILE, AND DESCRIPTIVE STATISTICS. (AUTHOR ABSTRACT MODIFIED)