NCJ Number
59923
Journal
Law and Society Review Volume: 13 Issue: 2 Dated: SPECIAL ISSUE (WINTER 1979) Pages: 461-466
Date Published
1979
Length
6 pages
Annotation
THE PRACTICE OF PLEADING GUILTY TO PETTY OFFENSES IN LOWER COURTS IS EXAMINED; ALTHOUGH THE CLASSIC TYPE OF PLEA BARGAINING RARELY OCCURS, NEGOTIATIONS LEADING TO GUILTY PLEAS DO SERVE A USEFUL FUNCTION.
Abstract
MOST DISCUSSION OF PLEA BARGAINING HAS FOCUSED ON THE USE OF SUCH BARGAINING IN FELONY CASES RATHER THAN IN CASES OF PETTY OFFENSES OR MISDEMEANORS. MANY MISDEMEANOR CASES ARE ENDED BY THE ENTRY OF GUILTY PLEAS RATHER THAN TRIALS BECAUSE PEOPLE CHARGED WITH MISDEMEANORS DO NOT FACE SUCH SERIOUS PENALTIES AS PERSONS ACCUSED OF FELONIES. THEREFORE, THE IMPETUS TO REDUCE SUCH PENALTIES THROUGH PLEA BARGAINING FOR A REDUCED CRIMINAL CHARGE IS NOT AS STRONG IN MISDEMEANOR CASES. ANOTHER REASON FOR THE ABSENCE OF TRIALS IN SUCH CASES IS THE COST OF TRIALS TO DEFENDANTS, ATTORNEYS, AND PROSECUTORS. ALTHOUGH NEGOTIATIONS LEADING TO THE ENTRY OF GUILTY PLEAS ARE NOT CLASSIC EXAMPLES OF PLEA BARGAINING, INVOLVED PARTIES CONTINUE TO REFER TO THEM AS PLEA BARGAINING. SUCH NEGOTIATIONS SERVE THE FUNCTION OF CONVINCING PROSECUTORS, DEFENDANTS, AND DEFENSE ATTORNEYS THAT THEY ARE ENGAGED IN AN IMPORTANT BARGAINING PROCESS REQUIRING SPECIAL SKILLS. HOWEVER, AN INVESTIGATION OF THE PENALTIES LEVIED IN SUCH CASES SHOWS THAT THEY REFLECT THE 'GOING RATE,' (I.E., THE STANDARD PENALTIES FOR SUCH OFFENSES). NO FOOTNOTES OR REFERENCES ARE PROVIDED. (KCP)