NCJ Number
104359
Journal
Judicature Volume: 70 Issue: 4 Dated: (December-January 1987) Pages: 203-215
Date Published
1987
Length
13 pages
Annotation
This article describes the development of standards for judges' supervision of the plea negotiation process and how such supervision is performed in six jurisdictions: El Paso, Tex.; New Orleans, La.; Seattle, Wash.; Tucson, Ariz.; Delaware County, Del.; and Norfolk, Va.
Abstract
Since the 1960's, numerous national legal organizations and appellate court decisions have identified the trial judge as the key person in the supervision of plea negotiations. Although the judge's role in supervising plea negotiations remains fluid and uncertain, the various standards agree that the judge should ensure the fairness of plea negotiations for defendants and the community. This study of judges' supervisory role in six jurisdictions involved interviews with judges and others, plus court observations of guilty plea acceptances in 711 felony and misdemeanor cases before 46 felony and misdemeanor courts between July 7, 1977, and August 31, 1977. The analysis focused on the quality of the plea acceptance process, the 'knowing' standard, the 'voluntary' standard, the 'accuracy' standard, and the effectiveness of the procedures. Overall, the study examined whether plea supervision prevented defects in and abuses of plea negotiations. The standards have apparently minimized broken, misleading, or misconstrued plea negotiation promises. 7 tables and 65 footnotes.