NCJ Number
57978
Journal
Criminology Volume: 17 Issue: 1 Dated: (MAY 1979) Pages: 3-14
Date Published
1979
Length
12 pages
Annotation
THE RELATIONSHIP BETWEEN PLEA BARGAINING AND THE SENTENCING RECOMMENDATIONS OF PROBATION OFFICERS IS EXPLORED IN A STUDY OF THE DISPOSITION OF 302 FELONY CASES PLEA-BARGAINED IN A SUPERIOR COURT.
Abstract
JUDGES CONCURRED WITH THE PROBATION OFFICERS' SENTENCING RECOMMENDATIONS IN 93 PERCENT OF THE CASES. A 'NO STATE PRISON' GUARANTEE WAS OFFERED DURING PLEA NEGOTIATIONS IN 42 PERCENT OF THE CASES. PROBATION OFFICERS RECOMMENDED AGAINST IMPRISONMENT IN 97 PERCENT OF THESE CASES, COMPARED TO 76 PERCENT OF THE CASES IN WHICH A GUARANTEE WAS NOT OFFERED DURING NEGOTIATION. JUDGES GENERALLY REJECTED THE SENTENCING RECOMMENDATIONS OF PROBATION OFFICERS WHEN THE RECOMMENDATIONS WERE IN CONFLICT WITH A NEGOTIATED AGREEMENT REGARDING IMPRISONMENT. THE FINDINGS INDICATE THAT THE AUTONOMY OF PROBATION OFFICERS IN 40 PERCENT OF THE NEGOTIATED CASES WAS SEVERELY ERODED BY PRESSURES ON THE OFFICERS TO FUNCTION WITHIN THE CONSTRAINTS IMPOSED BY PLEA NEGOTIATIONS. THE MOST POTENT INFLUENCE ON PROBATION OFFICERS TO TAILOR THEIR RECOMMENDATIONS TO FIT BARGAINING AGREEMENTS IS THE JUDICIARY. COMMITTED TO MANAGERIAL EFFICIENCY WITHIN THE COURT SYSTEM, JUDGES ASSERT THE PRIMACY OF PLEA-BARGAINING AGREEMENTS OVER SENTENCING RECOMMENDATIONS WHEN THESE ARE IN CONFLICT RATHER THAN PERMITTING THE WITHDRAWAL OF A GUILTY PLEA AND THE RETURN OF THE CASE TO THE BARGAINING STAGE. THE POLICY IMPLICATIONS OF THESE FINDINGS DEPEND ON THE LEGITIMACY ACCORDED THE CONCEPT OF INDIVIDUALIZED JUSTICE AND OFFENDER TREATMENT, OF WHICH PRESENTENCE INVESTIGATIONS ARE AN IMPORTANT TOOL. A LIST OF REFERENCES AND A FLOWCHART DEPICTING THE DISPOSITION OF THE STUDY CASES ARE INCLUDED. NO TABULAR DATA ARE PROVIDED. (LKM)