NCJ Number
62415
Journal
Law and Policy Quarterly Volume: 1 Issue: 2 Dated: (APRIL 1979) Pages: 223-233
Date Published
1979
Length
11 pages
Annotation
BASED UPON THE REACTIONS OF THE LEGAL PROFESSION TO RESEARCH SHOWING THE EXISTENCE OF PLEA BARGAINING IN A BRITISH COURT, THIS PAPER DISCUSSES THE POLITICAL ASPECTS OF SOCIAL RESEARCH.
Abstract
IN THE RESEARCH STUDY ENTITLED 'NEGOTIATED JUSTICE,' PLEA NEGOTIATIONS IN THE BIRMINGHAM CROWN COURT WERE EXAMINED OVER A 4-YEAR PERIOD. METHODOLOGY INVOLVED INTERVIEWS WITH 121 DEFENDANTS WHO PLEADED GUILTY, WITH MANY DECIDING TO MAKE SUCH A PLEA ONLY MINUTES BEFORE THE TRIAL BEGAN. SOME DEFENDANTS DESCRIBED PLEA BARGAINS OFFERED TO THEM; OTHERS SAID THEY HAD BEEN PRESSURED TO PLEAD GUILTY BY THEIR OWN LAWYERS. THE LAWYERS INVOLVED IN THE CASES REFUSED TO BE INTERVIEWED. THE FINDINGS CHALLENGED THE TRADITIONAL IMPRESSION THAT PLEA NEGOTIATIONS DO NOT EXIST IN BRITISH COURTS. POWERFUL INDIVIDUALS IN THE LEGAL PROFESSION, ATTORNEY ORGANIZATIONS, AND POLITICAL FIGURES SOUGHT TO SUPPRESS THE PUBLICATION OF THE RESEARCH, AND AFTER ITS PUBLICATION, THE METHODOLOGY AND EVEN THE INTEGRITY OF THE RESEARCHERS WERE DISPARAGED. STILL, THE EXISTENCE OF PLEA BARGAINING WAS NEVER DENIED BY CRITICS OF THE RESEARCH. THE RESISTANCE OF THE LEGAL PROFESSION IN CONTRIBUTING TO THE RESEARCH PROCESS AND EFFORTS TO UNDERMINE THE VALIDITY OF THE FINDINGS SHOW THE POLITICAL PRESSURES INVOLVED WHEN POWERFUL GROUPS INTERESTED IN MAINTAINING A PUBLIC IMAGE ARE SELECTED AS SUBJECTS OR PART OF THE NETWORK OF ACTORS INVOLVED IN AN EXAMINED PROCESS. RESEARCHERS SHOULD ANTICIPATE SUCH RESPONSES AND BE PREPARED TO ADOPT RESEARCH METHODS THAT CAN COUNTER AND RESIST SUCH PRESSURES. THE REACTIONS TO RESEARCH FINDINGS BY VARIOUS PARTIES CAN ALSO REVEAL THE SOCIOLOGICAL DYNAMICS OPERATIVE IN GROUPS WITH VESTED INTERESTS. NOTES AND REFERENCES ARE PROVIDED. (RCB)