NCJ Number
128812
Date Published
1991
Length
41 pages
Annotation
This study evaluates Alaska's ban on plea bargaining, instituted in 1975 and finds several major differences between pre-ban practices and current practices that are attributable directly to the policy change.
Abstract
The first section of the analysis describes the initial goals and objectives of the ban, objections to the ban, and findings of an initial evaluation. This re-evaluation focuses on perceptions of current policy, differences among various criminal justice communities, and decay of the policy. Long-term effects of the ban in four areas -- screening, charge reduction and dismissals, trials, and sentencing -- are noted. The standard for screening of cases was tightened, resulting in an increase in the number of cases not accepted for prosecution. The responsibility for sentencing of offenders has shifted from the attorneys to the judge, who takes the participants' input into consideration. While charge bargaining was curtailed for several years after the ban, it has become more prevalent in recent years. Presumptive sentencing has resulted in increased numbers of offenders being sentenced and in longer overall sentences. Finally, the study found that appellate review of sentencing has led to comprehensive case law guidelines for most offenses. 111 notes