NCJ Number
62413
Date Published
1979
Length
16 pages
Annotation
RESULTS AND THEIR IMPLICATIONS ARE PRESENTED FROM A STUDY OF PLEA BARGAINING IN THE BIRMINGHAM CROWN COURT (ENGLAND).
Abstract
A TOTAL OF 121 DEFENDANTS WHOSE CASES WERE TRIED IN A 15-MONTH PERIOD IN 1975 AND 1976 WERE INTERVIEWED. ALL OF THE SUBJECTS HAD PLEADED GUILTY, MANY OF THEM HAVING CHANGED TO SUCH A PLEA ONLY MINUTES BEFORE THEIR TRIALS WERE SCHEDULED TO BEGIN. CONTRARY TO A PREVIOUS STUDY WHICH HAD CONCLUDED THAT PLEA BARGAINING IN BRITISH COURTS OPERATES TO THE BENEFIT OF ALL PARTICIPANTS, FEW OF THE DEFENDANTS INTERVIEWED WERE SATISFIED WITH THE OUTCOMES OF THEIR CASES. THE INTERVIEWS DEMONSTRATED THE DIVERSITY OF NEGOTIATIONS SURROUNDING THE PLEA, WHICH ENCOMPASS NOT ONLY BARGAINS OF A GIVE-AND-TAKE NATURE, BUT ALSO, ACCORDING TO THE DEFENDANTS, THE USE OF INDUCEMENTS, THREATS, AND EVEN MORAL BLACKMAIL. IN ONLY 35 OF THE 121 INTERVIEWS DID THE DEFENDANT SAY EITHER THAT HE PLEADED GUILTY BECAUSE THE INDICTMENT REPRESENTED A FAIR REFLECTION OF HIS INVOLVEMENT IN THE OFFENSE CHARGED OR THAT HE HAD TAKEN PART IN NO PRETRIAL NEGOTIATION REGARDING THE PLEA. THE TENOR OF THE PLEA NEGOTIATIONS WAS ADVICE BY THE DEFENDANT'S ATTORNEYS TO PLEAD GUILTY IN ORDER TO GET A LESSER SENTENCE. INDEPENDENT ASSESSORS OF THE CASES, HOWEVER, JUDGED THAT OF THE CASES REVIEWED IN THE STUDY, 21 PERCENT HAD INSUFFICIENT EVIDENCE TO PREDICT CERTAIN CONVICTION UNDER A NOT GUILTY PLEA. THE SENTENCING DISCOUNTS OFFERED IN PLEA NEGOTIATIONS, COUPLED WITH THE LACK OF ATTORNEY SUPPORT FOR A NOT GUILTY PLEA, MAY WELL INDUCE THE INNOCENT AS WELL AS THE GUILTY TO PLEAD 'GUILTY.' (RCB)