NCJ Number
16282
Journal
Criminal Law Bulletin Volume: 11 Issue: 1 Dated: (JANUARY-FEBRUARY 1975) Pages: 48-61
Date Published
1975
Length
14 pages
Annotation
MEMORANDA INDICATING THE POWERS OF ASSISTANT NEW YORK CITY DISTRICT ATTORNEYS IN PLEA NEGOTIATIONS AND SOME STANDARDS FOR THEIR APPLICATION.
Abstract
RICHARD H. KUH, WHEN SERVING AS DISTRICT ATTORNEY FOR MANHATTAN, ISSUED GUIDELINES TO HIS STAFF FOR CONDUCTING PLEA BARGAINING. THESE GUIDELINES ARE REPRODUCED IN THIS ARTICLE IN THEIR ORIGINAL MEMORANDUM FORMAT. THE SIX SECTIONS DEAL WITH GENERAL PRINCIPLES GOVERNING PLEA NEGOTIATIONS, DEFENDANTS CHARGED WITH MULTIPLE CRIMES, REDUCTION OF FELONIES, A PRE-PLEADING REPORT (ANALOGOUS TO A PRE-SENTENCE REPORT), PROCEDURE IN COURT, AND REDUCED PLEAS CONCERNING CERTAIN SPECIFIC CRIMES. IN NEW YORK COUNTY, PLEA BARGAINING STARTS WITH A PROVABLE OFFENSE, NOT NECESSARILY THE CRIME ORGINALLY CHARGED. THE ASSISTANTS ARE PERMITTED TO REDUCE A CHARGE ONE CLASS (FROM A CLASS A FELONY TO A CLASS B FELONY, FOR INSTANCE) AND A FURTHER REDUCTION IS PERMISSIBLE AFTER CONSULTATION WITH APPROPRIATE SUPERIORS. IF A REDUCTION OF MORE THAN ONE CLASS IS SOUGHT, THE DEFENDANT MUST AGREE TO A PRE-PLEADING REPORT. THIS REPORT ALLOWS BOTH PROSECUTION AND DEFENSE TO ENGAGE IN INFORMED PLEA BARGAINING AND CAN SERVE AS THE BASIS FOR THE STATEMENT IN SUPPORT OF ACCEPTING THE LESSER PLEA WHICH THE ASSISTANT MUST ENTER ON THE COURT RECORD. WHILE THIS MEMO IS BASED ON NEW YORK LAW AND COURT PRACTICES, IT IS AN INTERESTING EXAMPLE OF ONE PROSECUTOR'S EFFORTS TO ESTABLISH UNIFORMITY AND SERVE THE BEST INTERESTS OF JUSTICE IN THIS IMPORTANT AREA. (SNI ABSTRACT)