THINKING ABOUT PLEA BARGAINING (FROM THE STUDY OF CRIMINAL COURTS - POLITICAL PERSPECTIVES, 1979, BY PETER F NARDULLI - SEE NCJ-62401)

• NCJ Number: 62409
• Author(s): M HEUMANN
• Date Published: 1979
• Length: 25 pages
• Sponsoring Agency: University of Michigan; University of Michigan
• Corporate Author: Ballinger Publishing Co
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

FACTORS BEARING UPON THE EXISTENCE AND RATE OF PLEA BARGAINING ARE EXAMINED AND IMPLICATIONS FOR SENTENCING AND DETERRENCE POLICIES ARE CONSIDERED.

Abstract

A REVIEW OF THE LITERATURE ON PLEA BARGAINING SHOWS THAT RESOURCE CONSTRAINTS, SENTENCE RATES IN A JURISDICTION, AND THE IMPACT OF THE LEGAL CULTURE IN A JURISDICTION ARE THE THREE BROAD FACTORS MOST INFLUENTIAL FOR PLEA BARGAINING PATTERNS. ALTHOUGH PLEA BARGAINING HAS OFTEN BEEN PORTRAYED AS A MODERN PRACTICE ENGENDERED BY EVER INCREASING COURT WORKLOADS, AN HISTORIC AND COMPREHENSIVE EXAMINATION OF VARIATIONS OF THE PRACTICE OF ARRIVING AT A GUILTY PLEA SHOWS THAT PLEA BARGAINING IS PRACTICED WHERE RESOURCE CONSTRAINTS ARE NOT OPERATIVE, SUGGESTING THAT OTHER FACTORS ALSO INFLUENCE PLEA BARGAINING. A NUMBER OF STUDIES SUGGEST THAT WITHIN LOCAL COURTS, NORMS EVOLVE REGARDING APPROPRIATE SENTENCES FOR 'TYPICAL' DEFENDANTS. THESE NORMS ARE APPARENTLY UNRELATED TO STATUTORY SENTENCING PROVISIONS AND SEEM TO INVOLVE SOME DIFFERENTIATION FOR A DEFENDANT WHO PLEADS GUILTY AND ONE WHO GOES TO TRIAL. IT MAY BE ARGUED THAT THE URGE TO PLEA BARGAIN PROMPTS THIS DIFFERENTIATION IN GOING SENTENCE RATES, BUT THERE IS EVIDENCE THAT GOING SENTENCE RATES ARE STRONGLY INFLUENCED BY A LOCAL LEGAL CULTURE, WHICH IS A DEEPLY ENTRENCHED NETWORK OF NORMS AND PRACTICES FOR A GIVEN COMMUNITY'S CRIMINAL JUSTICE SYSTEM. BY EXAMINING DIFFERENCES IN RESOURCES, GOING SENTENCING RATES, AND LEGAL CULTURES ACROSS COMMUNITIES, DIFFERENCES IN DISPOSITION PATTERNS CAN BE SYSTEMATICALLY ANALYZED. IN TURN, THESE EFFORTS WILL CLARIFY THE RELATIVE IMPACT OF EACH OF THESE VARIABLES, WILL FURTHER ELABORATE ON ALTERNATE DISPOSITIONAL MODES IN COMMUNITIES, AND WILL SUGGEST ADDITIONAL VARIABLES TO BE INCLUDED IN THE CONTINUING SEARCH FOR A COMPARATIVE THEORY OF LOCAL COURTS. THE MODEL OF COURT DISPOSITIONAL DECISIONMAKING THAT WILL EVOLVE WILL ALSO HAVE IMPLICATIONS FOR SENTENCING REFORM AND DETERRENCE THEORY, AS IT WILL SHOW THAT COURT DECISIONMAKING IS ONLY PARTIALLY INFLUENCED BY IMPOSED STATUTES REFLECTING A CERTAIN THEORY OF SENTENCING. NOTES AND REFERENCES ARE PROVIDED. (RCB)