NCJ Number
36054
Date Published
1976
Length
7 pages
Annotation
DESCRIPTION OF A MODEL OF THE PLEA BARGAINING PROCESS WHICH INCLUDES A MEANS FOR DETERMINING IN ADVANCE HOW CHANGES IN THE JUDICIAL SYSTEM MAY AFFECT THE LIKELIHOOD OR LEVEL OF PLEA BARGAINING SETTLEMENTS.
Abstract
THE MODEL VIEWS THE PLEA BARGAINING PROCESS AS BEING ANALOGOUS TO A BUYING AND SELLING TRANSACTION IN A MARKET THAT HAS NO FIXED PRICES WITH THE DEFENSE COUNSEL OR DEFENDANT ACTING AS BUYER AND PROSECUTOR ACTING AS SELLER. THE BARGAINING PROCESS SETS HIGH AND LOW LIMITS ACCORDING TO BUYER AND SELLER PERCEPTIONS OF CONVICTION PROBABILITY AND LIKELY SENTENCE. RELEVANT JUDICIAL SYSTEM CHANGES LIKELY TO EFFECT A CHANGE ON THE BARGAINING PROCESS, SUCH AS INCREASED FREE COUNSEL OR PRETRIAL RELEASE AND A LOWERING OF LITIGATION COSTS ARE ASSESSED. THE IMPLICATIONS FOR IMPROVING PLEA BARGAINING AND THE LEGAL PROCESS THROUGH IMPROVED PLANNING CAPABILITIES MADE POSSIBLE BY THIS PREDICTIVE ANALYSIS ARE STRESSED.