NCJ Number
89325
Date Published
1980
Length
0 pages
Annotation
In Dade County, Fla., 9 out of 10 felony cases are disposed of by plea bargaining. Due to limited resources and one of the highest crime rates in the Nation, Dade County judges view plea negotiations as a practical way to dispense sentences without tying up the court's time any longer than necessary.
Abstract
About 70 percent of all felony defendants get public defenders because they cannot afford a private attorney. The State Attorney's Office has about 100 attorneys on staff, while the Public Defender's Office has 50. For felony defendants whose cases look like they will most likely result in convictions anyway, the Public Defender's Office usually negotiates a plea of guilty or nolo contendere. This results in a high conviction rate for the State while keeping costs down, and the defendants receive a lighter sentence than would usually be the case in a jury trial. During plea negotiations, the defendant, any witnesses, and any victims are not present. Lawyers for both sides (defense and prosecution) and sometimes, the judge, are present. A particular case's strengths and weaknesses and the defendant's characteristics determine which cases will go to trial and which will be negotiated. Several cases illustrate the process: a repeat offender accused of rape and robbery, an abused woman who killed her husband, and various drug cases.