NCJ Number
59916
Journal
Law and Society Review Volume: 13 Issue: 2 Dated: SPECIAL ISSUE (WINTER 1979) Pages: 287-307
Date Published
1979
Length
21 pages
Annotation
SOME RECENT FINDINGS ABOUT THE NATURE OF PLEA NEGOTIATIONS IN THE BIRMINGHAM CROWN COURT IN ENGLAND ARE DISCUSSED. THE COURTS' FAILURE TO RECOGNIZE THE EXISTENCE OF PLEA BARGAINING POSES PROBLEMS.
Abstract
THE UNWILLINGNESS OF THE COURTS TO PUBLICLY ACKNOWLEDGE WHAT GOES ON HAS STULTIFIED THE DEVELOPMENT OF APPEALS PROCEDURES, SO THAT THE HONORING OF PROMISES HELD OUT TO DEFENDANTS IS PROBLEMATIC. THIS INDIFFERENCE OF JUDGES AND LAWYERS TO THE EFFECTS OF 'BACKSTAIRS' AGREEMENTS AND DISCUSSIONS CAN ONLY REINFORCE AN INFORMAL SYSTEM THAT, WITH SOME FREQUENCY, REWARDS THE COMPLIANT AT THE EXPENSE OF JUSTICE. THE EXTENSIVENESS OF PLEA BARGAINING CAN BE DEDUCED FROM THE FACT THAT 85 PERCENT OF ALL ENGLISH CASES ARE DISPOSED OF BY HAVING THE DEFENDANTS PLEAD GUILTY, THUS AVOIDING A TRIAL PROCEDURE. HOWEVER, VERY LITTLE RESEARCH HAS BEEN CONDUCTED IN ENGLAND TO SEE IF THIS IS THE RESULT OF PLEA BARGAINING. IT IS FELT THAT SUCH BARGAINING IS REPUGNANT TO THE ENGLISH SYSTEM, AS HAS BEEN MADE CLEAR BY COURT RULINGS. IN PART, THIS AVERSION TO PLEA BARGAINING IS SUSTAINED BY JUDGES WHO EXERCISE GREATER CONTROL OVER THE SENTENCING PROCEDURE THAN THEIR U.S. COUNTERPARTS. A SURVEY OF 121 DEFENDANTS APPEARING BEFORE THE BIRMINGHAM CROWN COURT FOUND THAT PLEA BARGAINING WAS VERY COMMON AND THAT IN MANY CASES THE DEFENDANT'S GUILTY PLEA COULD NOT BE CONSIDERED COMPLETELY VOLUNTARY. IN ADDITION, THE EVIDENCE IS COMPELLING THAT INNOCENT PERSONS ARE FREQUENTLY PLACED AT RISK AND THAT, ON OCCASION, THE WEAKER AND LESS KNOWLEDGEABLE ARE WRONGLY PERSUADED TO PLEA GUILTY. THOSE WHO PLEAD GUILTY, WITHOUT HAVING A FORMAL ADVERSARY TRIAL, ARE MORE LIKELY TO RECEIVE LIGHTER SENTENCES THAN THOSE WHO ARE FOUND GUILTY. THE LEGAL PROFESSION HAS BEEN VERY HOSTILE TO THIS STUDY AND HAS EVEN ATTEMPTED TO STOP ITS PUBLICATION. FOOTNOTES AND REFERENCES ARE PROVIDED.