NCJ Number
54978
Journal
Buffalo Law Review Volume: 26 Issue: 4 Dated: (FALL 1977) Pages: 693-711
Date Published
1977
Length
19 pages
Annotation
DIRECT OBSERVATION OF 88 PLEA BARGAINING SESSIONS AND INTERVIEWS WERE USED TO IDENTIFY THE FACTORS AFFECTING THE PLEA BARGAINING PROCESS IN THE ERIE COUNTY, N.Y., DISTRICT ATTORNEY'S OFFICE. RECOMMENDATIONS ARE MADE.
Abstract
IT WAS FOUND THAT THE TYPICAL BARGAINING SESSION LASTED 5 TO 10 MINUTES AND CONSISTED OF THE DISTRICT ATTORNEY AND THE DEFENSE ATTORNEY EXCHANGING OFFERS. IN 75 PERCENT OF THE INSTANCES IN WHICH THE POLICE OFFICER OR THE VICTIM WERE PRESENT, THESE PERSONS WERE EITHER ADDRESSED DIRECTLY BY THE DISTRICT ATTORNEY OR ELSE 'VOLUNTARY' STATEMENTS WERE ACKNOWLDEDGED. (DEPARTMENTAL RULES FORBID A POLICE OFFICER FROM CHANGING A CHARGE, BUT VARIOUS METHODS WERE USED TO INDIRECTLY ELICIT AN OPINION FROM THE OFFICER.) STATISTICAL ANALYSIS MEASURED THE RELATIONSHIP BETWEEN THE FOLLOWING FOUR VARIABLES AND THE RESULTING PLEA BARGAIN: (1) THE PARTICULAR DISTRICT ATTORNEY DOING THE NEGOTIATING, (2) PRESENCE OF THE POLICE OFFICER AT THE PLEA DISCUSSION, (3) PRESENCE OF THE VICTIM, AND (4) WHETHER THE DEFENSE ATTORNEY WAS A PUBLIC DEFENDER. ALTHOUGH THE SMALL SAMPLE DOES NOT MAKE STATISTICAL VALIDITY POSSIBLE, IT WAS FOUND THAT VARIOUS DISTRICT ATTORNEYS ARRIVED AT WIDELY DIFFERING PLEAS IN SIMILAR CASES. DISTRICT ATTORNEYS WERE ALSO RELUCTANT TO ACCEPT A PLEA IF THE POLICE OFFICER WERE NOT PRESENT. HOWEVER, DEGREE OF REDUCTION OF CHARGE WAS NOT AFFECTED BY THE PRESENCE OF THE POLICE OFFICER. PRIVATE DEFENSE ATTORNEYS IN THIS SAMPLE NEVER WENT TO TRIAL AND FREQUENTLY HAD THEIR CASES ADJOURNED, WHILE THE OPPOSITE WAS TRUE FOR PUBLIC DEFENDERS. REASONS FOR THIS ARE EXAMINED. IT IS RECOMMENDED THAT LAW STUDENTS OR CLERKS BE USED TO GIVE THE DISTRICT ATTORNEY GREATER KNOWLEDGE OF THE CASE BEFORE PLEA BARGAINING AND THAT STANDARDS BE DRAWN UP. TABLES PRESENTING STUDY DATA AND FOOTNOTES ARE INCLUDED. (GLR)