U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

POLITICS AND PLEA BARGAINING: VICTIMS' RIGHTS IN CALIFORNIA

NCJ Number
143813
Author(s)
C McCoy
Date Published
1993
Length
240 pages
Annotation
This volume examines the political origins of victims' rights legislation and the impact of Proposition 8, a measure promoted by supporters of victims' rights and passed by California in 1982, on plea bargaining in the State.
Abstract
The discussion notes that supporters regarded Proposition 8 as the Victims' Bill of Rights. However, rather than helping victims, Proposition 8 simply accelerated the guilty plea process, preventing both victims and defendants from understanding the reasons for convictions and sentences. Punishment did not become more severe, but dispositions became so speedy that a significant proportion of defendants charged with serious felonies were convicted within a few days and sentenced within a few weeks of arraignment. Criminal justice professionals, including judges, defense attorneys, and prosecutors, accepted the changes and quickly adapted to new "normal procedures," although opportunities to scrutinize evidence in each case decreased. Placing Proposition 8 in the context of earlier efforts to reform plea bargaining, the analysis considers the meaning of due process in the criminal courts and suggests changes that would open the criminal justice system to more public observation and explanation. Figures, tables, chapter reference notes, and index (Publisher summary modified)