NCJ Number
52453
Journal
Journal of Criminal Justice Volume: 6 Issue: 3 Dated: (FALL 1978) Pages: 217-231
Date Published
1978
Length
15 pages
Annotation
A MICROLEVEL ANALYSIS OF FACTORS AFFECTING THE DECISION TO PLEAD GUILTY IN FELONY TRIAL COURTS OF CHICAGO, ILL., DURING 1972 AND 1973 IS PRESENTED.
Abstract
GUILTY PLEAS HAVE BEEN THE DOMINANT MODE OF CONVICTION IN MOST STATE CRIMINAL COURTS. BECAUSE PLEA BARGAINING IS WIDESPREAD AND DUE TO ITS POTENTIAL FOR ABUSE, THE PLEA BARGAINING PROCESS AS USED TO OBTAIN MOST GUILTY PLEAS HAS BEEN THE SUBJECT OF MUCH DISCUSSION. CHICAGO'S FELONY COURT SYSTEM IS VIEWED FROM AN ORGANIZATIONAL PERSPECTIVE, AND GUILTY PLEAS ARE ANALYZED IN LIGHT OF THE ROLE THEY PLAY IN THE COURT ORGANIZATION'S OVERALL DESIGN FOR HANDLING ITS WORKLOAD (DISPOSITIONAL STRATEGY). CRIMINAL COURTS IN THE CITY ARE DOMINATED BY AN ELITE INVOLVING JUDGES, PROSECUTORS, AND DEFENSE COUNSEL. THIS DOMINATION EMPHASIZES THE EXPEDITIOUS HANDLING OF CASES. WHILE INTERNAL FACTORS, INTERESTS OF THE ELITE, ARE IMPORTANT, ENVIRONMENTAL CONSIDERATIONS ARE ALSO SIGNIFICANT. THE NOTION OF COALIGNMENT BETWEEN INTERNAL AND EXTERNAL (ENVIRONMENTAL) FACTORS IS CRUCIAL TO AN ORGANIZATIONAL PERSPECTIVE ON CRIMINAL COURT OPERATIONS. IT HAS IMPLICATIONS FOR HOW EACH TASK INVOLVED IN PROCESSING CRIMINAL CASES, INCLUDING CHARGE INITIATION, SCREENING, CONVICTION PROCUREMENT, AND SENTENCING, IS STRUCTURED. NO INFORMATION WAS AVAILABLE TO EVALUATE THE PSYCHOLOGICAL DIMENSION IN THE DECISION TO PLEAD GUILTY. TWO SITUATIONAL INDICATORS, WERE EMPLOYED CONCERNING THE NUMBER OF OTHER INDICTMENTS PENDING AGAINST THE DEFENDANT AND THE DEFENDANT'S ARREST RECORD. SOCIOECONOMIC STATUS WAS EMPLOYED AS THE ECONOMIC INDICATOR. JUDGE, PROSECUTOR, AND DEFENSE COUNSEL RESPONSIVENESS TO PLEA BARGAINING AND DEFENDANT PERCEPTIONS OF THE CHANCE FOR ULTIMATE CONVICTION WERE ASSESSED. IT APPEARED THAT THE PLEA BARGAINING PROCESS WAS NOT ENTIRELY IRRATIONAL, BUT EXTRANEOUS FACTORS SEEMED TO AFFECT IT IN A MANNER THAT CAST SERIOUS DOUBTS ON ITS VALUE AS A DISPOSITIONAL TECHNIQUE. MOST OF THESE EXTRANEOUS FACTORS APPEARED TO BE RELATED TO THE FACT THAT THE STRUCTURE OF THE DISPOSITIONAL PROCESS IN CHICAGO IS STRONGLY INFLUENCED BY A COALITION OF INFLUENTIAL ACTORS WHO HAVE MERGED THEIR DISCRETIONARY POWERS IN AN ATTEMPT TO EFFECT COMMON INTERESTS. SUPPORTING DATA AND REFERENCES ARE INCLUDED. (DEP)