NCJ Number
31679
Journal
Pacific Law Journal Volume: 7 Issue: 1 Dated: (JANUARY 1976) Pages: 80-104
Date Published
1976
Length
25 pages
Annotation
THIS COMMENT DEFINES PLEA BARGAINING, EXAMINES THE ESTABLISHED CONSTITUTIONAL REQUIREMENTS AND FEDERAL STATUTORY LAW ON PLEA BARGAINING, AND OFFERS SUGGESTIONS ON DEVELOPING A PLEA BARGAINING PROCEDURE FOR CALIFORNIA.
Abstract
THE AUTHOR STATES THAT PLEA BARGAINING MAY BE DEFINED AS 'THE GRANTING OF CERTAIN CONCESSIONS TO THE DEFENDANT IN THE EVENT THAT HE PLEADS GUILTY'. CONSTITUTIONAL REQUIREMENTS WITH RESPECT TO PLEA BARGAINING ARE REVIEWED; THESE INCLUDE VOLUNTARINESS, FULFILLMENT OF ANY PROMISES MADE, AND THE RIGHT TO COUNSEL DURING THE PLEA NEGOTIATION PROCESS. RECENT CHANGES AND PROVISIONS IN THE FEDERAL STATUTORY LAWS ON PLEA NEGOTIATIONS ARE ALSO OUTLINED. THE PRESENT STATUS OF PLEA BARGAINING IN CALIFORNIA IS THEN DISCUSSED WITH RESPECT TO STATUTORY AND CASE LAW, AND THE NEED FOR A COMPREHENSIVE SCHEME ON PLEA BARGAINING IS EXAMINED. FINALLY, SPECIFIC PROBLEMS IN FORMULATING A COMPREHENSIVE PLEA BARGAINING SCHEME ARE ADDRESSED, INCLUDING SUCH ISSUES AS ALLOWABLE CONCESSIONS, JUDICIAL PARTICIPATION, THE LACK OF CORRECTIONAL APPROACHES, DISCLOSURE OF THE PLEA BARGAIN, ADVISE TO THE DEFENDANT, DIFFERENTIAL SENTENCING, AND OVERCHANGING. THE NEW FEDERAL RULES AND MODEL STATUTUES ARE EXAMINED AS POTENTIAL SOURCES OF SOLUTIONS TO THESE PROBLEMS. (AUTHOR ABSTRACT MODIFIED)