YOU CAN'T COP A PLEA IN ALASKA ANYMORE

• NCJ Number: 53287
• Journal: Police Magazine Volume: 2 Issue: 1 Dated: (JANUARY 1979) Pages: 4-12
• Author(s): D C ANDERSON
• Date Published: 1979
• Length: 9 pages
• Corporate Author: Criminal Justice Publications, Inc
• Sale Source: Criminal Justice Publications, Inc
• Language: English
• Country: United States of America
• Note: BACK ISSUES ARE ALSO AVAILABLE

Annotation

THE EFFECTS OF ALASKA'S 1975 DECISION TO BAN MOST PLEA BARGAINING ARE DISCUSSED, ALONG WITH POLICE CRITICISM OF MOVES BY PROSECUTORS TO TRY ONLY THOSE CASES THAT ALLEGEDLY GUARANTEE CONVICTION.

Abstract

IN 1975, ALASKA'S ATTORNEY GENERAL DECIDED TO BAN PLEA AND CHARGE NEGOTIATIONS AND TO PROSECUTE SUSPECTS TO THE FULL EXTENT OF THE LAW. HOWEVER, SINCE THE BAN WENT INTO EFFECT, PROSECUTORS HAVE BEEN USING TOUGHER STANDARDS TO SCREEN THE CASES THEY WILL ACCEPT FOR PROSECUTION, AND THE POLICE CHARGE THAT THIS NEW ATTITUDE IN DISTRICT ATTORNEYS' OFFICES IS PART OF A CALCULATED EFFORT TO MAKE SURE THE BAN ON PLEA BARGAINING APPEARS SUCCESSFUL. THE TIGHTER SCREENING, THEY ARGUE, PREVENTS A DANGEROUSLY UNMANAGEABLE INCREASE IN THE NUMBER OF CASES GOING TO TRIAL, AND IT INSURES THAT THE STATE WILL WIN VIRTUALLY ALL THE CASES IT DOES DECIDE TO TRY IN THE PROCESS, HOWEVER, THE POLICE CONTEND THAT LAW ENFORCEMENT SUFFERS, BECAUSE WHEN PROSECUTORS REFUSE TO HEAR A QUESTIONABLE CASE, THE SUSPECT GOES FREE ALTHOUGH PREVIOUSLY HE WOULD HAVE BEEN FORCED TO PLEAD GUILTY TO A LESSER CHARGE. RESEARCH HAS SHOWN THAT IN THE FIRST YEAR FOLLOWING THE BAN, THE INCIDENCE OF EXPLICIT SENTENCE BARGAINING DECLINED FROM MORE THAN 65 PERCENT TO BETWEEN 4 AND 12 PERCENT OF CONVICTIONS. ALTHOUGH PREDICTIONS THAT THE COURTS WOULD BE SWAMPED BY A FLOOD OF NEW CASES NEVER CAME TO PASS, THE NUMBER OF CASES GOING TO TRIAL INCREASED SIGNIFICANTLY, BUT REMAINED A SMALL PERCENTAGE OF TOTAL CASES. LAWYERS AND PROSECUTORS CLAIM THAT ABOUT THE SAME NUMBER OF DEFENDANTS ARE CHOOSING TO PLEAD GUILTY DESPITE THE FACT THAT THE STATE GIVES THEM NOTHING IN RETURN. TO THE EXTENT THAT THE POLICE PERCEIVE THE BAN AS A MANEUVER IN A BATTLE BETWEEN POLICE AND PROSECUTORS, THEY SEE THE BAN AS A DEFEAT. HOWEVER, SURPRISINGLY, ALMOST EVERYONE AGREES THAT, IN ONE WAY OR ANOTHER, THE BAN HAS IMPROVED THE QUALITY OF JUSTICE IN ALASKA. (KBL)