STRUCTURED PLEA NEGOTIATIONS

• NCJ Number: 66847
• Author(s): ANON
• Date Published: 1979
• Length: 45 pages
• Sponsoring Agency: US Dept of Justice NIJ Pub
• Corporate Author: US Dept of Justice
• Sale Source: National Institute of Justice/
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: TEST DESIGN

Annotation

THIS STRUCTURED PLEA NEGOTIATIONS TEST DESIGN IS INTENDED TO INCREASE THE EQUITY, EFFICIENCY, AND THE EFFECTIVENESS OF PLEA BARGAINING, A PROCESS WHICH MOST JURISDICTIONS WILL CONTINUE TO USE.

Abstract

A NUMBER OF SINGLE, LOCAL COURT SYSTEMS OF GENERAL TRIAL JURISDICTION HAVE EXPERIMENTED WITH THE DEVELOPMENT AND IMPLEMENTATION OF VARIOUS FORMS OF STRUCTURED PLEA NEGOTIATIONS. IN ORDER TO ASSESS THE FEASIBILITY OF THIS CONCEPT, THE NATIONAL INSTITUTE OF LAW ENFORCEMENT AND CRIMINAL JUSTICE (NILECJ) HAS DEVISED A TEST DESIGN WHICH WILL INVOLVE SELECTED COURTS WITHIN ONE JURISDICTION IN THREE DIFFERENT STATES. PROCESSES OF DEVELOPMENT AND IMPLEMENTATION AS WELL AS THEIR OUTCOMES WILL BE EVALUATED BY THE INSTITUTE. TEST DESIGN GOALS ARE TO IMPLEMENT A PLEA NEGOTIATIONS PROCESS THAT IS EQUITABLE TO ALL PARTIES, SUBJECT TO JUDICIAL REVIEW, AND COGNIZANT OF ALL PARTIES' NEEDS AND VIEWS, AND IS AN EFFICIENT PROCEDURE THAT REDUCES COURT PROCESSING TIME AND DELAYS. A THIRD GOAL IS TO DEVELOP AN EFFECTIVE PLEA NEGOTIATION SYSTEM WHICH BOTH VICTIM AND DEFENDANT PERCEIVE AS LEGITIMATE AND FAIR BY INVOLVING BOTH PARTIES IN THE PROCESS. THE TEST USES AN EXPERIMENTAL DESIGN IN WHICH POTENTIAL CASES ARE SCREENED FOR ELIGIBILITY AND THEN RANDOMLY ASSIGNED TO EXPERIMENTAL (STRUCTURED PLEA NEGOTIATION CONFERENCE) OR CONTROL CONDITIONS. THE ANALYTIC FRAMEWORK ADDRESSES BOTH LONG-TERM TRENDS AND IMMEDIATE PROGRAM EFFECTS. THE SUGGESTED MINIMUM NUMBER OF CASES WITHIN THE SMALLEST UNIT FOR ANALYSIS IS 100. DATA REQUIREMENTS WILL INCLUDE SYSTEM-LEVEL, CASE-LEVEL, AND INDIVIDUAL-LEVEL INFORMATION REGARDING SUCH FACTORS AS CASE IDENTIFIERS, OFFENSE INFORMATION, CASE STRENGTH, AND INDIVIDUAL DATA CONCERNING ACTORS' BACKGROUND AND SOCIOECONOMIC CHARACTERISTICS, ATTITUDES TOWARD THE CRIMINAL JUSTICE SYSTEM, AND MORE. EVALUATIONS WILL BE CONDUCTED AT EACH OF THE SITES TO ASSESS THE EFFECTIVENESS OF THESE NEGOTIATIONS. THIS BOOKLET COVERS PRECONFERENCE PROCEDURE AND PLEA-NEGOTIATION CONFERENCE STRUCTURE, POSTCONFERENCE REQUIREMENTS, NILECJ IMPLEMENTATION, AND SUPPORT AND SITE SELECTION. SOURCE MATERIAL FOR PLEA NEGOTIATIONS TEST DESIGN IS ATTACHED. (AUTHOR ABSTRACT MODIFIED)