NCJ Number
110043
Journal
Prosecutor Volume: 21 Issue: 3 Dated: (Winter 1988) Pages: 23-28
Date Published
1988
Length
6 pages
Annotation
The author analyzes the prosecutor's role in plea bargaining, explores values and ethics most desirable in a prosecutor, and presents a taxonomy for effective plea bargaining.
Abstract
The criminal justice system is described as a pyramid with three principles at the three axis points: liberty and due process, order and public safety, and governmental efficiency and economy. Using this framework, the paper discusses the American Bar Association's Model Rules for Professional Conduct and the Special Responsibilities of a Prosecutor, concluding that they rate liberty and due process as most important. A survey of perspectives on prosecutorial ethics concludes that defense of public liberty, while honoring the basic constitutional rights of defendants, seems a moderate and reasonable set of values in approaching crime control. Justifications for plea bargaining, most of which fall within the governmental efficiency and economy principle, are detailed. Guidelines for plea bargaining focus on a method for screening out dangerous, habitual offenders proposed by John Monahan in 'Predicting Violence Behavior.' The author also suggests that minor offenses and petty property crimes committed by low-rate offenders be plea bargained without question, with restitution and community service included in the bargain. 22 footnotes.