NCJ Number
46876
Date Published
1977
Length
233 pages
Annotation
A PRELIMINARY EVALUATION IS MADE OF A NEW STATEWIDE POLICY WHICH PROHIBITS DISTRICT ATTORNEYS AND THEIR ASSISTANTS FROM ENGAGING IN PLEA NEGOTIATIONS.
Abstract
THE NEW POLICY TOOK EFFECT IN ALASKA IN AUGUST 1975. THIS EVALUATION COMPARES THE YEAR IMMEDIATELY PRECEDING THE PLEA NEGOTIATIONS PROHIBITION WITH THE YEAR IMMEDIATELY FOLLOWING TO DETERMINE: (1) WHETHER PLEA BARGAINING AS DEFINED BY THE STATE ATTORNEY GENERAL HAS BEEN ELIMINATED AND (2) WHAT THE EFFECT OF THE NEW POLICY HAS BEEN ON THE CRIMINAL JUSTICE SYSTEM. MAIL SURVEYS, PERSONAL INTERVIEWS WITH 174 ATTORNEYS, JUDGES, AND LAW ENFORCEMENT OFFICERS; AND A STATISTICAL ANALYSIS OF 23,000 MISDEMEANOR CASES WERE USED FOR THE EVALUATION. A SIGNIFICANT NUMBER OF RESPONDENTS AGREED THAT SENTENCE BARGAINING HAD BEEN VIRTUALLY ELIMINATED. THE REMAINDER FELT THAT IT HAD BEEN SUBSTANTIALLY REDUCED. IT WAS HYPOTHESIZED THAT WITH NO PLEA BARGAINING THERE WOULD BE FEWER INCENTIVES FOR A DEFENDANT TO CHANGE HIS PLEA FROM NOT GUILTY TO GUILTY, AND THUS THE SYSTEM WOULD SLOW DOWN. THE CASE ANALYSIS SHOWED THAT THE NUMBER OF TRIALS IN DISTRICT COURTS INCREASED BY AN AVERAGE OF 72.4 PERCENT. HOWEVER, COURT DISPOSITION TIMES DECLINED SIGNIFICANTLY, UP TO 32.4 PERCENT IN ANCHORAGE. ATTORNEYS DID NOT LIKE THE NEW POLICY BECAUSE EVERY CASE HAD TO BE TREATED AS IF IT WERE GOING TO TRIAL. THIS NEED OF DILIGENT PREPARATION INCREASED THE COST OF REPRESENTATION FOR MIDDLE-CLASS PERSONS. MANY JUDGES AND DISTRICT ATTORNEYS WERE ALSO CRITICAL OF THE POLICY FOR MISDEMEANORS. THEY SAID THAT IT WAS IMPOSSIBLE FOR THE STATE TO PROPERLY LITIGATE ALL CHARGES FILED, AND THUS MORE CASES WOULD BE DISMISSED. THIS INCREASE IN DISMISSALS WAS CONFIRMED BY THE CASE STUDY. THE NEW POLICY ALSO VIRTUALLY ELIMINATED JUDICIAL PARTICIPATION IN PREPLEA SENTENCING DISCUSSIONS. ANOTHER ASSOCIATION HAS BEEN THE FACT THAT THE AVERAGE JAIL SENTENCE INCREASED IN SEVERITY AND THE AVERAGE NET FINE INCREASED BY 13.6 PERCENT AFTER THE NEW POLICY WAS INSTITUTED. HOWEVER, THIS INCREASE MIGHT BE THE RESULT OF NEWSPAPER PRESSURE AND THE FACT THAT 1976 WAS AN ELECTION YEAR. FEW PERSONS INTERVIEWED FELT THAT THIS EFFECT COULD BE DIRECTLY ATTRIBUTED TO THE NEW PLEA BARGAINING POLICY. (GLR)