NCJ Number
50059
Journal
American Journal of Criminal Law Volume: 6 Issue: 2 Dated: (MAY 1978) Pages: 167-191
Date Published
1978
Length
22 pages
Annotation
VARIOUS ASPECTS OF JUVENILE PLEA BARGAINING ARE EXAMINED, INCLUDING FORMS OF PLEA BARGAINING AND THE ROLE OF THE ATTORNEY. A CASE STUDY IN JUVENILE COURT STIPULATIONS IS ALSO PROVIDED.
Abstract
THE HISTORY OF JUVENILE PLEA BARGAINING IS NOTED BRIEFLY, FOLLOWED BY AN ASSESSMENT OF THE PROBLEM OF STIPULATIONS IN JUVENILE COURTS. A GENERAL VIEW OF PLEA BARGAINS IS PRESENTED WITH ATTENTION TO THE DEFINITION OF BARGAINS THEMSELVES AND COURT ACTION ENDORSING THEIR APPLICATION TO JUVENILE ADJUDICATION. THE SIMILARITY AND DISSIMILARITY IN THE PROCEDURES EMPLOYED IN JUVENILE AND ADULT STIPULATIONS ARE NOTED, ALONG WITH TYPICAL FORMS OF BARGAINS AND THE USUAL FORMAT FOR ACCEPTING THE NECESSARY WAIVER. THE ROLE OF THE DEFENSE COUNSEL IN THE PLEA BARGAINING PROCESS IS ALSO DISCUSSED IN LIGHT OF THE SUPREME COURT'S RULING IN THE GAULT CASE. A CASE STUDY OF THE STIPULATION PROCEDURE UTILIZED IN THE HARRIS COUNTY, TEXAS, JUVENILE COURTS IS PROVIDED. STIPULATING IN THE COUNTY IS A FORMULATING RITUAL AND USUALLY RESULTS IN THE DISPOSITION OF THE CASE, IN LESS THAN 10 MINUTES, WAITING TIME NOT INCLUDED. THE ADVANTAGES WHICH JUVENILE DEFENSE COUNSELS GAIN FOR THEIR CLIENTS BY PLEA BARGAINING ARE DISCUSSED, INCLUDING THE REDUCTION OF A DELINQUENT CHILD PETITION TO A CHILD IN NEED OF SUPERVISION PETITION. AFTER ARGUMENTS STRESSING THE NEED FOR AN ESTABLISHED FACTUAL BASIS FOR GUILT, THE EFFECTIVENESS OF HEARING RIGHTS WAIVERS IS DISCUSSED, WITH EMPHASIS ON VOLUNTARY AND KNOWING WAIVERS; THAT IS, WAIVERS VOLUNTARILY CONSENTED TO BY A JUVENILE CAPABLE OF UNDERSTANDING THE SCOPE AND FUNCTION OF BOTH THE HEARING RIGHT AND THE WAIVER PROCESS. IT IS CONCLUDED THAT DEFENSE ATTORNEYS, PROSECUTORS, AND JUDGES IN THE COUNTY HAVE GROWN COMPLACENT WITH RESPECT TO THE USE OF STIPULATIONS IN JUVENILE ADJUDICATION. IT IS RECOMMENDED THAT PROSECUTORS BEGIN INVESTIGATING INDIVIDUAL CASES MORE SYSTEMATICALLY, THAT JUDGES REASSERT THEIR CONTROL OVER THE STIPULATION PROCESS, AND THAT DEFENSE ATTORNEYS ASSUME MORE RESPONSIBILITY TO INSURE THAT THEIR CLIENTS RECEIVE TRUE BENEFITS FROM A STIPULATION. A BREAKDOWN OF COUNTY STIPULATIONS BY AGE, RACE, AND OFFENSE IS APPENDED. JUDICIAL DECISIONS AND OTHER REFERENCES ARE FOOTNOTED. (KBL)