NCJ Number
55322
Journal
Columbia Human Rights Law Review Volume: 7 Dated: (1975) Pages: 495-527
Date Published
1975
Length
33 pages
Annotation
THE EVOLUTION OF PLEA BARGAINING IN THE AMERICAN JUCICIAL SYSTEM, THE ADVANTAGES AND DISADVANTAGES OF PLEA BARGAINING FOR PROSECUTION AND DEFENSE, AND REDRESS IN THE INSTANCE OF INADEQUATE REPRESENTATION ARE DISCUSSED.
Abstract
URBANIZATION AND AN ACCELERATING CRIME RATE HAVE PRESSURED THE CRIMINAL JUSTICE SYSTEM TO DEVELOP SPEEDIER PROCESSING ALTERNATIVES TO THE LENGTHY ADVERSARIAL TRIAL PROCESS. PLEA BARGAINING HAS DEVELOPED AS THE PRINCIPAL MEANS OF EXPEDITING CRIMINAL CASES. THROUGH INFORMAL NEGOTIATIONS BETWEEN THE PROSECUTING AND DEFENSE ATTORNEYS, GUILTY PLEAS ARE PRODUCED IN EXCHANGE FOR REDUCED CHARGES OR LESSER SENTENCES THAN WOULD BE SOUGHT BY THE PROSECUTION IN A FORMAL TRIAL WHERE THE DEFENDANT WOULD PLEAD INNOCENT. THE NECESSITY FOR A COSTLY AND LENGTHY TRIAL IS THUS ELIMINATED BY PLEA BARGAINING. FOR THE PROSECUTION, PLEA BARGAINING OFFERS A GUARANTEED CONVICTION AND THE OPPORTUNITY TO PROCESS MORE CASES IN A GIVEN PERIOD OF TIME. FOR THE DEFENDANT, PLEA BARGAINING CAN LESSEN THE CHARGE AND SENTENCE BROUGHT AND RECOMMENDED TO THE COURT, SUCH THAT A DEFENDANT LIKELY TO BE PROVEN GUILTY OF A MORE SERIOUS CRIME WITH A MORE SEVERE SENTENCE CAN REDUCE THE CONSEQUENCES OF HIS OFFENSE THROUGH PLEA BARGAINING. IN FACT, THE PROSECUTION RARELY INITIATES PLEA BARGAINING EXCEPT IN CASES WHERE CIRCUMSTANTIAL EVIDENCE MAY MAKE A CONVICTION QUESTIONABLE. THE DEFENDANT IS THUS IN A POSITION TO EITHER RISK WINNING FULL ACQUITTAL OR IN THE EVENT OF A CONVICTION RECEIVING A SEVERE SENTENCE. PLEA BARGAINING CAN BE VIEWED AS MANIPULATIVE TO THE EXTENT THAT A PERSON AVAILING HIMSELF OF THE CONSTITUTIONAL RIGHT TO A TRIAL THAT CAN MEAN ACQUITTAL BASED ON INSUFFICIENT EVIDENCE IS THREATENED WITH A MAXIMUM SENTENCE FOR EXERCISING THAT RIGHT. SHOULD PLEA BARGAINING DEPRIVE A DEFENDANT OF HIS RIGHTS THROUGH INADEQUATE REPRESENTATION BY DEFENSE COUNSEL OR FAILURE OF THE PROSECUTION TO FULFILL PROMISES, COURT DECISIONS HAVE IN THE PAST MADE IT DIFFICULT TO GAIN REDRESS; HOWEVER, WITH THE INCREASED PRACTICE OF PLEA BARGAINING, SOME COURTS HAVE SHOWN AN INCREASING TENDENCY TO TREAT PLEA BARGAINING LIKE A CONTRACT, WHERE, IF MISREPRESENTATION OR DEFAULT OCCURS, THE INJURED PARTY CAN PROCEED AS THOUGH THE CONTRACT WERE VOIDED OR HAVE THE TERMS OF THE CONTRACT FULFILLED. (RCB)