NCJ Number
36793
Journal
North Carolina Law Review Volume: 54 Issue: 5 Dated: (JUNE 1976) Pages: 823-843
Date Published
1976
Length
21 pages
Annotation
ARTICLE REPORTING ON THE FINDINGS OF A SURVEY OF SEVERAL OF THE DISTRICT ATTORNEYS' OFFICES IN NORTH CAROLINA REGARDING PLEA BARGAINING PRACTICES.
Abstract
THE RESULTS OF THE SURVEY OF 20 OF THE 30 DISTRICT ATTORNEYS' OFFICES IN THE STATE REVEALED THAT PLEA BARGAINING PRACTICES VARY WIDELY AND INDICATED TWO BROAD GROUPINGS OF PROBLEMS. THE FIRST GROUP, PROCESS PROBLEMS, ENCOMPASSES TOPICS SUCH AS JUDICIAL PARTICIPATION IN PLEA BARGINING AND IMPOSITION OF DIFFERENT SENTENCES. SOME PROBLEMS FROM THE SECOND GROUP, INTERNAL MANAGEMENT PROBLEMS, INCLUDE INFORMAL SUBSTANTIVE BARGAINING POLICIES AND UNSTRUCTURED OFFICE NEGOTIATING PROCEDURES. THE AUTHOR CONCLUDES FROM HIS STUDY THAT PLEA BARGAINING MUST BE STRUCTURED TO FACILITATE RATHER THAN FRUSTRATE THE PURPOSES OF THE CRIMINAL JUSTICE SYSTEM. AN APPENDIX CONTAINS THE SURVEY INSTRUMENT USED IN THE STUDY AND SUMMARIZES THE RESPONSES RECEIVED.