BARGAINED PLEA - JUSTICE COMPROMISED AND JUSTICE DENIED

• NCJ Number: 55862
• Journal: Illinois Bar Journal Volume: 65 Issue: 9 Dated: (MAY 1977) Pages: 576-579
• Author(s): C R MCGUIRE
• Date Published: 1977
• Length: 4 pages
• Corporate Author: Illinois State Bar Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE SOLE JUSTIFICATION OF PLEA BARGAINING IS TO OVERCOME COURT BACKLOGS. IF THIS PROBLEM CAN BE SOLVED, PUBLIC CONFIDENCE AND POTENTIAL ABUSES DEMAND THAT THE PRACTICE BE REDUCED OR ABOLISHED.

Abstract

PLEA BARGAINING SIMULTANEOUSLY VICTIMIZES THE PUBLIC BY EXCESSIVE LENIENCY FOR HARDCORE CRIMINAL REPEATERS AND DEPRIVES THE INNOCENT DEFENDANT OF THE FORUM WHERE THE STATE'S ATTORNEY MUST PROVE HIS CASE. EXPERIENCES IN THE FEW JURISDICTIONS THAT HAVE REDUCED OR ELIMINATED PLEA BARGAINING (PHOENIX, ARIZ., AND WASHINGTON, D.C.) SHOW A SUBSTANTIAL INCREASE IN GUILTY PLEAS, AND ALTHOUGH SOME INCREASE IN CONTESTED TRIALS PROBABLY OCCURS, THIS SHOULD NEVER REACH THE FLOOD PROPORTIONS PREDICTED BY DEFENDERS OF PLEA BARGAINING IF THE PROSECUTOR'S OFFICE IS ADMINISTERED PROPERLY. PLEA BARGAINING ENCOURAGES THE PROSECUTOR TO PROCEED WITH CASES THAT SHOULD BE DROPPED BECAUSE OF LACK OF EVIDENCE, AND IT ENCOURAGES THE PRACTICES OF 'OVER CHARGING' AND 'LOADING CHARGES,' WHEREBY EITHER THE TYPE OF CHARGE IS TOO SEVERE OR THE NUMBER OF CHARGES IS UNWARRANTED IN THE HOPE OF NEGOTIATING A PLEA. CORRUPTION IS ALSO MUCH MORE LIKELY IN AN OFFICE THAT BARGAINS THAN IN ONE THAT DOES NOT. THE PUBLIC THROUGH ITS LEGISLATURES HAS PRECRIBED CERTAIN PUNISHMENTS FOR CERTAIN CRIMES, AND TO BARGAIN AWAY THESE SENTENCES IS TO DEFEAT THE INTENT OF THE PUBLIC. EXPERIENCED STATES' ATTORNEYS ARE NECESSARY TO ELIMINATE PLEA BARGAINING; THEY MUST KNOW WHICH CASES TO TRY AND PROVIDE MORAL AND LEGAL LEADERSHIP TO STAFF. WITH THE ELIMINATION OF PLEA BARGAINING, SENTENCES SHOULD BECOME MORE RATIONAL, SINCE THEY WILL NO LONGER BE BASED ON WHAT IS AGREEABLE TO THE DEFENDANT. PLEA BARGAINING, HOWEVER, MAY BE JUSTIFIED IN A FEW CASES INVOLVING INFORMANTS, AND ENOUGH FLEXIBILITY SHOULD BE RETAINED TO EMPLOY IT IN THESE FEW SITUATIONS. THE ELIMINATION OF PLEA BARGAINING WILL INCREASE FAIRNESS AND RATIONALITY IN OUR CRIMINAL JUSTICE SYSTEM. (KJM)