SENTENCES FOR SALE - A NEW LOOK AT PLEA BARGAINING IN ENGLAND AND AMERICA, PART 2

• NCJ Number: 30299
• Journal: Criminal Law Review Volume: 1971 Issue: 2 Dated: (APRIL 1971) Pages: 218-228
• Author(s): A DAVIS
• Date Published: 1971
• Length: 11 pages
• Corporate Author: Sweet and Maxwell
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE EXAMINES THE ACTUAL BARGAINING PRACTICES IN USE IN THE TWO COUNTRIES AND THE REASONS BEHIND THEIR USE, AND THEN EXPLORES AND EVALUATES THE EFFECT OF PLEA NEGOTIATION ON THE TWO JUDICIAL SYSTEMS.

Abstract

THE AUTHOR SUGGESTS THAT THE PRESSURE ON AMERICAN COURTS CAUSED BY A HUGE BACKLOAD OF CASES, THE EXISTENCE OF PUBLIC PROSECUTORS WHO ARE 'PAID FOR GETTING PROSECUTIONS', AND THE PROSECUTOR'S ROLE AS FINDER OF FACT AND SENTENCER HAS LED TO A SITUATION WHERE THE COURTS COMPLETELY IGNORE THE SOCIAL IMPORTANCE OF AT LEAST ATTEMPTING TO ENSURE THAT THE DEFENDANT IS PUNISHED FOR WHAT HE DID, RATHER THAN WHAT HE IS PREPARED TO ADMIT TO HAVING DONE IN RETURN FOR A HIGH SENTENCE CONCESSION. HE CONTENDS THAT THE RELATIVE LACK OF PRESSURE ON THE ENGLISH COURTS, THE ABSENCE OF PUBLIC PROSECUTORS, AND A MORE FLEXIBLE SENTENCING STRUCTURE HAVE ALLOWED ENGLISH COURTS TO INSIST THAT THE CHARGES BROUGHT MATCH THE FACTS ALLEGED. THEREFORE, ENGLISH PLEA BARGAINING USUALLY INVOLVES THE DROPPING OF MULTIPLE CHARGES FOR A GUILTY PLEA TO A SINGLE COUNT.