NCJ Number
85704
Journal
Court Review Volume: 20 Issue: 1 Dated: (Fall 1982) Pages: 17-21
Date Published
1982
Length
5 pages
Annotation
The sentence imposed in a drunk-driving case should serve the public's interest and need for protection, and should demonstrate justice without being unduly harsh on the defendant.
Abstract
Few criminal cases actually go to trial. Instead, most convictions are obtained through plea bargaining, and this practice is true for drunk-driving cases as well as for other criminal matters. Since the elimination of plea bargaining in such cases would be impractical, it is recommended that judges who are offered negotiated pleas in these cases introduce three changes to enhance public understanding and acceptance of the negotiation process. In addition to assuring that the guilty plea has a factual basis and that the defendant has made a voluntary waiver of constitutional rights, the court should require that a full disclosure of all negotiations be on the record in open court, that the testimony of any victims of witnesses be routinely invited, and that there be substantial evidence of the defendant's contrition and consideration for any victims before allowing charge or sentencing concessions. The article provides 35 references.