NCJ Number
59927
Journal
Law and Society Review Volume: 13 Issue: 2 Dated: SPECIAL ISSUE (WINTER 1979) Pages: 527-553
Date Published
1979
Length
27 pages
Annotation
THIS PAPER FOCUSES ON WHETHER PROSECUTORIAL OR JUDICIAL NEGOTIATION OF A REDUCED CHARGE OR SENTENCE IN EXCHANGE FOR A GUILTY PLEA RENDERS THE PLEA 'INVOLUNTARY.'
Abstract
ALTHOUGH A NEGOTIATED PLEA IS NOT INTRINSICALLY INVOLUNTARY, MANY OF THE CONDITIONS WHICH ARE COMMONLY A PART OF PLEA BARGAINING MAY RENDER SUCH A PLEA INVOLUNTARY. THE NEGOTIATED PLEA CAN BE DEFENDED AGAINST THE CHARGE THAT IS WAS COERCED ONLY IF THESE CONDITIONS CAN BE, AND ARE, ELIMINATED. TO DETERMINE WHETHER SUCH NEGOTIATED PLEAS WERE COERCED, THE NEGOTIATION PROCESS MUST BE EXAMINED TO DETERMINE WHETHER IT INVOLVES A MANIPULATION OF DEFENDANTS' CHOICE SITUATIONS BY COURTS, PROSECUTORS, OR DEFENSE COUNSEL IN SUCH A MANNER THAT DEFENDANTS ARE CONSTRAINED TO PLEAD GUILTY AGAINST THEIR OWN WILL. FURTHERMORE, OVERT THREATS OF PROSECUTORIAL OR JUDICIAL REPRISAL ARE NOT THE ONLY WAY OF COERCING A GUILTY PLEA SINCE UNDER CERTAIN CONDITIONS, APPARENT OFFERS OF LENIENCY CAN BE COERCIVE AS WELL. SERIOUS QUESTIONS REMAIN ABOUT WHETHER A TRULY NONCOERCIVE BARGAINING SYSTEM CAN BE ESTABLISHED AND HOW EFFECTIVE IT WOULD BE. FOOTNOTES AND REFERENCES ARE INCLUDED. (KCP)