NCJ Number
47717
Date Published
1978
Length
5 pages
Annotation
AN ASSISTANT DISTRICT ATTORNEY'S HANDLING OF A CASE INVOLVING THE KILLING OF A BLACK YOUTH BY A WHITE YOUTH IN BRONX COUNTY, N.Y., IS RECOUNTED, WITH REFERENCE TO PLEA BARGAINING AS THE 'HUMAN SIDE OF THE LAW.'
Abstract
THREE WEEKS AFTER THE KILLING, THE WHITE YOUTH WAS ARRESTED. THE BOY ADMITTED THE CRIME, TO WHICH THERE SEVERAL EYEWITNESSES. THE GRAND JURY HANDED UP A MURDER INDICTMENT AFTER DELIBERATING FOR ONLY 30 SECONDS. THE ASSISTANT DISTRICT ATTORNEY KNEW THAT WERE THE CASE BROUGHT TO TRIAL THE RESULT WOULD BE A GUILTY VERDICT WITH A LIFE SENTENCE. THE ASSISTANT DISTRICT ATTORNEY DESCRIBES HIS TALKS WITH THE DEFENDANT'S ATTORNEY, HIS MEETINGS WITH THE PARENTS OF BOTH THE VICTIM AND THE DEFENDANT, HIS REACTION TO A PSYCHIATRIST'S REPORT ON THE DEFENDANT, AND HIS PROBLEMS IN DECIDING HOW TO HANDLE THE CASE. THE DEFENDANT WAS CONTRITE REGARDING HIS CRIME, EMOTIONALLY DISTURBED, AND LIKELY TO BE DESTROYED -PERHAPS LITERALLY -- BY A LONG PRISON TERM. THE VICTIM'S FATHER HAD DESCRIBED HIS FAMILY'S SUFFERING AND HAD POINTED OUT THAT, WERE THE VICTIM WHITE AND THE DEFENDANT BLACK, THERE WOULD BE NO QUESTION AS TO THE DEFENDANT'S FATE. THE ASSISTANT DISTRICT ATTORNEY DECIDED TO 'PASS THE BUCK' BY RECOMMENDING A PLEA TO MANSLAUGHTER ONE WITHOUT RECOMMENDING A SENTENCE. THE JUDGE DEMANDED THAT THE ASSISTANT DISTRICT ATTORNEY EITHER RECOMMEND A SENTENCE OR TAKE THE CASE TO TRIAL. (THE CASE HAD RECEIVED SOME PUBLICITY, PARTICULARLY IN THE BLACK PRESS.) WEIGHING THE ARGUMENTS JUSTIFYING EITHER HARSH OR LENIENT TREATMENT, THE ASSISTANT DISTRICT ATTORNEY DECIDED THAT THE ARGUMENTS, ALL BASED ON DIFFERENT ASSUMPTIONS ABOUT THE PURPOSES OF PUNISHMENT, WERE POINTLESS. HE MADE A SENTENCING RECOMMENDATION, WHICH THE JUDGE FOLLOWED. AT THE TIME THE ARTICLE WAS WRITTEN, THE DEFENDANT WAS SERVING A 15-YEAR PRISON TERM AND WOULD BE ELIGIBLE FOR PAROLE IN 3 YEARS. THE POSSIBILITY THAT THERE WAS NO 'RIGHT' DECISION TO BE MADE IN THE CASE IS SUGGESTED. (LKM)