NCJ Number
87701
Date Published
1981
Length
23 pages
Annotation
There are considerable variations in the comprehensiveness of judges in supervising the guilty plea hearing in determining factual basis, the defendant's participation, rights waived, and consequences of the plea, suggesting that the plea hearing process should be standardized.
Abstract
Data for this study were obtained as a component of a 3-year national study on plea bargaining, primarily from the in-court observations of 711 guilty plea hearings in felony and misdemeanor courts in six jurisdictions. Observation forms pertained to the procedure followed in the plea proceedings. Of particular concern was the form and substance of how the judge addressed the defendant during the plea acceptance. Judges were found to be perfunctory in their examination of the defendants who plead guilty, with about one-half of the cases taking less than 3 minutes. Only in one jurisdiction were judges comprehensive in their conduct of the plea hearing. There is need for improvement in the areas of more comprehensive development of factual basis, notification of the rights being waived, and and an explanation of the consequences of pleading guilty. Overall, there are enough gaps in the procedure to make it likely that a number of defendants are pleading guilty without full knowledge of the consequences of their pleas and the due process rights they have relinquished. Jurisdictions should give serious consideration to standardizing the plea hearing process through changes in the rules of criminal procedure or by general agreement among the judiciary. Seven notes and nine references are listed.