NCJ Number
5160
Journal
Oregon Law Review Volume: 50 Issue: 2 Dated: (WINTER 1971) Pages: 114-137
Date Published
1971
Length
24 pages
Annotation
AN ANALYSIS OF QUESTIONNAIRES RETURNED BY OREGON DISTRICT ATTORNEYS ON THEIR PRACTICES OF PLEA BARGAINING.
Abstract
PLEA BARGAINING, AS REVEALED IN THIS SURVEY, IS EXTENSIVE IN OREGON, SLIGHTLY MORE SO IN THE LARGE COUNTIES. MOST DISTRICT ATTORNEYS WILL USUALLY PLEA BARGAIN, EXCEPT PERHAPS IN THOSE CRIMINAL AREAS WHICH AROUSE A STRONG REVULSION ON THE PART OF THE PUBLIC, SUCH AS CRIMES INVOLVING VIOLENCE. IN OREGON, PARTICIPANTS IN THE PLEA-BARGAINING PROCESS ARE USUALLY THE PROSECUTOR AND DEFENSE ATTORNEY, ALTHOUGH JUDGES AND DEFENDANTS ARE OCCASIONALLY INVOLVED. MAIN CONTROVERSIES CONCERNING THE ROLE OF THE PARTICIPANTS INCLUDE QUESTIONS SUCH AS SHOULD THE DISTRICT ATTORNEY INITIATE PLEA BARGAINING? DOES A LAWYER'S STYLE AFFECT SUBSEQUENT OUTCOMES IN PLEA BARGAINING? IS IT PROPER FOR THE DEFENSE COUNSEL TO WITHHOLD INFORMATION IN PLEA BARGAINING? SHOULD THE JUDGE DISCUSS SENTENCING? AS TO ALL THE ABOVE QUESTIONS, THERE WAS NO CONSENSUS AMONG PROSECUTORS. BENEFITS FROM THE PLEA BARGAINING PROCESS ARE SUBSTANTIAL. MUCH MONEY AND TIME IS SAVED AND THE ACCUSED ALSO BENEFITS IN THAT HE MAY BE PROTECTED FROM ADVERSE PUBLICITY OR OBTAIN A REDUCED CHARGE WHICH LACKS SOCIAL STIGMA AND THE POSSIBILITY OF A HEAVY MAXIMUM PENALTY. ON THE OTHER HAND, THE DISADVANTAGES ARE ALSO NUMEROUS. THE METHOD OF PAYMENT OF COURT-APPOINTED ATTORNEYS MAY AFFECT THEIR DISPOSITION TOWARDS PLEA NEGOTIATIONS. YOUNG, INEXPERIENCED ATTORNEYS MIGHT STRETCH OUT CASES TO GAIN COURTROOM EXPERIENCE TO THE DETRIMENT OF THEIR CLIENTS. THROUGH FEAR AND LACK OF UNDERSTANDING, THE DEFENDANT COULD FAIL TO COMPREHEND THE FULL CONSEQUENCES OF HIS GUILTY PLEA. AND FINALLY, THE COMMUNITY INTEREST MAY SUFFER FROM CRIMINALS BEING TURNED PREMATURELY BACK INTO THE COMMUNITY BY OVERWORKED DISTRICT ATTORNEYS.