NCJ Number
43769
Journal
Justice System Journal Volume: 3 Issue: 1 Dated: (FALL 1977) Pages: 6-21
Date Published
1977
Length
16 pages
Annotation
THE IMPACT OF PLEA-BARGAINING REFORMS IMPLEMENTED IN DETROIT, MICH., AND DENVER, COLO., IS ASSESSED.
Abstract
PLEA BARGAINING INVOLVES A SYSTEM OF EXCHANGE AND BARTER AMONG DEFENSE COUNSEL, DEFENDANT, PROSECUTOR, AND MEMBER OF THE JUDICIARY: THIS SYSTEM DIRECTLY ACCOUNTS FOR THE DISPOSITION OF THE MAJORITY OF ALL CRIMINAL CASES. PLEA-BARGAINING REFORMS IN DETROIT AND DENVER WERE IMPLEMENTED BY PROSECUTOR POLICY DECISIONS, NOT BY JUDICIAL RULINGS OR LEGISLATION. IN BOTH CITIES, PLEA CONFERENCES WERE CREATED BY THE ADOPTION OF POLICIES REQUIRING THAT ALL NEGOTIATIONS OCCUR EARLY IN THE JUDICIAL PROCESS, THAT THE NEGOTIATIONS TAKE PLACE IN SEMIFORMAL CONFERENCES INVOLVING ALL RELEVANT PARTIES, AND THAT FAILURE TO REACH AGREEMENT DURING THE CONFERENCE TERMINATE FURTHER NEGOTIATION. A STAFF OF ASSISTANT PROSECUTORS WAS ASSIGNED RESPONSIBILITY FOR CONDUCTING ALL NEGOTIATIONS. POLICY STATEMENTS DEFINING CONCESSIONS TO BE MADE IN VARIOUS TYPES OF CASES WERE PUBLISHED, AND PROSECUTORS EXPLICITLY ADOPTED THE PRACTICE OF DISCLOSING INFORMATION TO THE DEFENSE. THE REFORMS WERE SUCCESSFUL IN DETROIT, BUT NOT IN DENVER. IN DETROIT, SUBSTANTIAL EFFORTS WERE MADE TO ACCOMMODATE THE INTERESTS OF THE LOCAL BAR AND JUDICIARY IN THE REFORM. IN DENVER, NO SUCH EFFORTS WERE MADE. THE DETROIT REFORMS REPRESENTED ONLY A SMALL CHANGE, WHEREAS IN DENVER THE REFORMS MARKED A RADICAL DEPARTURE FROM PRIOR PRACTICES. THE SIGNIFICANCE OF THESE DIFFERENCES IN ACCOUNTING FOR THE DIFFERENTIAL IMPACT OF THE REFORMS IS DISCUSSED.