PLEA-BARGAINING IN SOME OF THE LARGEST CITIES IN THE UNITED STATES (FROM CRITICAL ISSUES IN CRIMINAL JUSTICE, 1979, BY R G IACOVETTA AND DAE H CHANG - SEE NCJ-63717)

• NCJ Number: 63740
• Author(s): R H WILLIAMS
• Date Published: 1979
• Length: 11 pages
• Corporate Author: Carolina Academic Press
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

THIS ESSAY EXAMINES THE REASONS FOR AND EFFECTS OF PLEA BARGAINING AND, CONCLUDES THAT IT RESULTS IN INEQUITABLE ADMINISTRATION OF THE LAW AND ENCOURAGES CRIME.

Abstract

RESULTS OF A SURVEY OF 100 PROSECUTING OFFICIALS IN LARGE UNITED STATES CITIES SHOW THAT THE QUALITY OF CRIMINAL JUSTICE COURT SERVICES HAS DIMINISHED. THE STUDY INVESTIGATED UNIFORMITY IN THE PLEA BARGAINING PROCESS, HOW PLEA BARGAINING IS DEFINED FROM JURISDICTION TO JURISDICTION, THE NUMBER AND PERCENTAGE OF FELONY CASES DISPOSED OF BY THIS METHOD AS OPPOSED TO DISPOSTIONS BY TRIAL, THE ROLES PLAYED BY THE PROSECUTOR, DEFENSE LAWYER, THE JUDGE, AND THE ACCUSED IN THE PROCESS, AND WHETHER A NATIONAL CONVENTION SHOULD BE CONVENED TO DISCUSS THE CONSTITUTIONAL ISSUES RAISED BY PLEA BARGAINING. THE RESULTS SHOW THAT THE TRIAL AS A METHOD FOR DETERMINING THE GUILT OR INNOCENCE OF A PATRY HAS ALL BUT DISAPPEARED. A TOTAL OF 106,841 PROSECUTIONS WERE STARTED IN THE RESPONDING JURISDICTION IN 1975, AND ONLY 7 PERCENT OF THIS NUMBER WAS DIPOSED OF BY TRIAL. LESS THAN 10 PERCENT WERE DISPOSED OF BY DISMISSAL, AND SLIGHTLY LESS THAN 60 PERCENT OF THE TOTAL WERE DISPOSED OF BY GUILTY PLEAS THROUGH PLEA BARGAINING. THE TENSION BETWEEN THE NEED TO REDUCE CASELOADS AND MAINTAIN CONSTITUTIONAL VALUES IS POINTED OUT. THE ESSAY CONCLUDES WITH A LIST OF CONSTITUTIONAL ISSUES AND QUESTIONS RAISED BY THE PLEA BARGAINING PROCESS. DISCUSSION QUESTIONS AND NOTES ARE INCLUDED. (RFC)