NCJ Number
45009
Date Published
1977
Length
24 pages
Annotation
MAJOR ISSUES IN THE CONTROVERSY REGARDING PLEA NEGOTIATIONS ARE EXPLORED IN TWO PAPERS.
Abstract
A BACKGROUND PAPER REVIEWS THE CONSTITUTIONAL STATUS OF PLEA NEGOTIATION AND ACCEPTANCE OF GUILTY PLEAS, GUILTY PLEA PRACTICES IN MICHIGAN, AND ARGUMENTS CITED BY PROPONENTS AND OPPONENTS OF TRADITIONAL PLEA NEGOTIATION. RECOMMENDATIONS BY TWO MICHIGAN ADVISORY COMMISSIONS ON CRIMINAL JUSTICE WITH REGARD TO CHANGING PLEA NEGOTIATION PRACTICES ARE NOTED. THE SECOND PAPER OPENS WITH AN OVERVIEW OF PLEA NEGOTIATION IN THE UNITED STATES, INCLUDING A REVIEW OF THE FINDINGS AND RECOMMENDATIONS OF VARIOUS NATIONAL COMMISSIONS AND STANDARDS-SETTING BODIES. ISSUES IN THE DEBATE OVER PLEA NEGOTIATION PRACTICES ARE DISCUSSED, INCLUDING THE QUESTION OF WHETHER INNOCENT PERSONS MAY BE COERCED INTO PLEADING GUILTY, THE MATTER OF JUDICIAL PARTICIPATION IN PLEA DISCUSSIONS, AND QUESTIONS REGARDING THE ADEQUACY OF INFORMATION AVAILABLE TO THE PROSECUTOR AND THE DEFENSE ATTORNEY DURING THE PLEA NEGOTIATION PROCESS. OTHER ISSUES CONCERN THE EXERCISE OF UNREGULATED DISCRETION BY PROSECUTORS AND THE SECRECY OF THE PLEA NEGOTIATION PROCESS. IT IS POINTED OUT THAT IT MAY BE EXTREMELY DIFFICULT TO ABOLISH ALL FORMS OF PLEA BARGAINING, GIVEN EVIDENCE THAT PEOPLE IN INSTITUTIONAL SETTINGS NATURALLY SEEK WAYS OF ACCOMMODATING AND WORKING OUT ARRANGEMENTS. IT IS SUGGESTED THAT, BEFORE ATTEMPTING TO ABOLISH ALL PLEA BARGAINING, CONSIDERATION BE GIVEN TO BRINGING THE PROCESS OUT INTO THE OPEN, MAKING PARTICIPANTS ACCOUNTABLE FOR THE DECISIONS THEY MAKE, AND PROVIDING ALL PARTICIPANTS WITH ADEQUATE RESOURCES. SUCH MEASURES AS SUNSHINE LAWS, ACCOUNTABILITY REQUIREMENTS, FULL INFORMATION ASSURANCES, AND JUDICIAL INCOURT INQUIRIES INTO THE FACTS COULD REDUCE ABUSES IN THE PLEA-BARGAINING PROCESS.