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PLEADING GUILTY FOR CONSIDERATIONS - A STUDY OF BARGAIN JUSTICE (FROM CRIMINAL JUSTICE - LAW AND POLITICS, 1972, BY G F COLE - SEE NCJ-25794)

NCJ Number
25803
Author(s)
D J NEWMAN
Date Published
1972
Length
14 pages
Annotation
A STUDY OF PLEA BARGAINING THAT DESCRIBES THE INCENTIVES WHICH INFLUENCE DEFENDANTS TO PLEAD GUILTY AND THE EFFECT THE PRESENCE OF COUNSEL, BOTH RETAINED AND ASSIGNED, HAS ON THE NEGOTIATIONS.
Abstract
OF A SAMPLE GROUP OF 97 CONVICTED FELONS, THE AUTHOR FOUND THAT 93 OF THE CONVICTIONS WERE THE RESULT OF GUILTY PLEAS. THE AUTHOR DISCUSSES THE REASONS FOR RETENTION OR NON-RETENTION OF COUNSEL, THE REASONS WHY MANY WHO PLEADED NOT GUILTY CHANGED THEIR PLEAS TO GUILTY ARE PRESENTED. MANY REFUSED TO RETAIN COUNSEL BECAUSE THEY THOUGHT THAT IT WOULD ANNOY THE PROSECUTOR AND JUDGE. THE AUTHOR DISCUSSES, AS GROUPS, THOSE WHO PLEADED GUILTY WITHOUT LAWYERS, THOSE WHO RETAINED COUNSEL, THE TYPES OF BARGAINING WHERE AN ATTORNEY HAS BEEN RETAINED, AND THE TYPES OF INFORMAL CONVICTION AGREEMENTS.

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