NCJ Number
39772
Journal
Columbia Law Review Volume: 76 Issue: 7 Dated: (NOVEMBER 1976) Pages: 1059-1154
Date Published
1976
Length
96 pages
Annotation
AN ANALYTIC DISCUSSION OF THE TYPES OF PLEA BARGAINING, ARGUMENTS FOR AND AGAINST JUDICIAL PARTICIPATION, AND RATIONALES FOR BARGAINING.
Abstract
AUTHOR'S COMMENTARIES ON JUDICIAL PARTICIPATION IN PLEA BARGAINING COVER SYSTEMS IN WHICH PROSECUTORS COMPLETELY DOMINATE PLEA BARGAINING AND JUDGES DO NOT PARTICIPATE; SYSTEMS IN WHICH THERE IS NO EXPLICIT BARGAINING BUT TO THOSE DEFENDANTS WHO DO NOT TAKE THEIR CASES TO TRIAL; SYSTEM IN WHICH JUDGES PARTICIPATE BUT AVOID SPECIFIC PROMISES. ARGUMENTS THAT JUDGES WOULD HAVE DIFFICULTY BEING IMPARTIAL IN CASES WHERE THEY HAVE PARTICIPATED IN THE BARGAINING ARE ANALYZED. SUGGESTED REFORMS FOR THE IMPROVEMENT OF THE ENTIRE PLEA BARGAINING SYSTEM INCLUDE MORE JUDICIAL CONTROL OF SENTENCING PROMISES, NEGOTIATION IN THE DEFENDANT'S PRESENCE AND NEGOTIATION BASED ON THE SENTENCE TO BE IMPOSED RATHER THAN ON THE NUMBER AND LEVEL OF CHARGES....TWH