NCJ Number
62487
Date Published
1979
Length
15 pages
Annotation
RESULTS OF AN ANALYSIS OF LOCAL INNOVATION IN TEXAS INVOLVING TERMINATION OF PLEA BARGAINING AND EMPLOYMENT OF A POINT SYSTEM TO GUIDE SENTENCING ARE DISCUSSED; EQUITY IN THE JUDICIAL PROCESS IS ADDRESSED.
Abstract
IN 1975 THE EL PASO, TEX., DISTRICT COURTS TERMINATED PLEA BARGAINING. CONSEQUENTLY, THE COURTS NEEDED A WAY OF ENCOURAGING GUILTY PLEAS; IT WAS THE JUDGES' BELIEF THAT A RELATIVELY CLEAR SET OF SENTENCING GUIDELINES WOULD STIMULATE MAY PERSONS TO PLEAD GUILTY AND AVOID JURY TRIALS. THE ESTABLISHED POINT SYSTEM WAS PUBLISHED AND SENT TO ALL ATTORNEYS IN THE LOCAL BAR. DATA ANALYSIS SHOWED THAT AFTER THE FIRST 2 YEARS OF THE NO-PLEA-BARGAINING POLICY IN EL PASO, THE DISTRICT COURT DOCKET BACKLOG HAD INCREASED SUBSTANTIALLY. THEREFORE, THE FINDINGS DO NOT VALIDATE THE CLAIM MADE BY THE NATIONAL ADVISORY COMMISSION ON CRIMINAL JUSTICE STANDARDS THAT ELIMINATING PLEA BARGAINING WOULD NOT SUBSTANTIALLY INCREASE THE NUMBER OF TRIALS. ADDITIONALLY, THE DISPOSAL RATE FOR CASES DECREASED DURING THE SAME PERIOD. DATA FOR THIS STUDY WERE COLLECTED DURING A LARGER NATIONAL STUDY ON PLEA BARGAINING AND INCLUDE 'CLOSED' BURGLARY AND ROBBERY CASES PROSECUTED DURING DECEMBER 1975 THROUGH AUGUST 1977. RESULTS OF BOTH ADDITIVE AND INTERACTIVE REGRESSION MODELS WERE CONSIDERED. ANALYSES INDICATED THAT JUDGES FOLLOW THEIR PUBLIC STATED SENTENCING PHILOSOPHY. IN ADDITION, NON-ANGLO PERSONS WERE MORE LIKELY THAN WERE ANGLOS TO RECEIVE A PRISON SENTENCE WHEN SENTENCED BY A JURY REGARDLESS OF THE SERIOUSNESS OF THE CRIME OR THE DEFENDANT'S PRIOR RECORD. DEFENSE ATTORNEYS EXPRESSED DISSATISFACTION WITH THE NO-PLEA-BARGAINING SYSTEM BECAUSE THEY FELT THEY WERE LESS ABLE TO INFLUENCE CASE DISPOSITIONS. ENDING PLEA BARGAINING MAY HAVE SERIOUS CONSEQUENCES FOR EQUITABLE JUSTICE. STATISTICAL TABULAR DATA AND REFERENCES ARE INCLUDED IN THE CHAPTER. (LWM)