NCJ Number
52306
Date Published
1978
Length
20 pages
Annotation
THIS STUDY EXAMINES PLEA BARGAINING AND USE OF LEGAL AID AS FACTORS IN THE DIFFERENTIATION BETWEEN NUMBERS OF PERSONS COMMITTED FOR SUPREME COURT TRIAL IN AUCKLAND AND WELLINGTON (NEW ZEALAND) AND PERSONS GOING TO TRIAL.
Abstract
TO ASSESS THE FREQUENCY, NATURE, AND CAUSE OF THE GROWING NUMBER OF SUPREME COURT COMMITTALS THAT ARE ALTERED BEFORE TRIAL, USUALLY WITH THE ACCUSED CHANGING THE NONGUILTY PLEA TO GUILTY, 1,320 CASES OF CHANGED PLEAS OCCURRING BETWEEN 1974 AND 1977 ARE REVIEWED. DATA WERE COLLECTED AND ANALYZED TO EXAMINE THE KINDS OF PLEAS GIVEN BY THE ACCUSED AT ARRAIGNMENT, CHANGES BETWEEN THE COUNTS PRESENTED IN THE INDICTMENT IN THE SUPREME COURT AND THE CHARGES THAT WERE LAID IN THE MAGISTRATE'S COURT, THE OUTCOME OF NOT GUILTY TRIALS ACCORDING TO CHARGE-COUNT CATEGORIES, CASES WHICH WERE REPRESENTED BY LEGAL AID IN MAGISTRATE'S AND THE SUPREME COURT AND THE PLEA MADE BY LEGAL AID, AND THE OUTCOME OF NOT GUILTY TRIALS IN WHICH THE ACCUSED USED LEGAL AID IN BOTH MAGISTRATE'S AND THE SUPREME COURT. IT WAS FOUND THAT THERE WAS AN INCREASE IN GUILTY PLEAS IN BOTH JURISDICTIONS DIRECTLY RELATED TO ALTERATIONS IN THE CHARGES, SUCH AS DROPPING THE CHARGES, SUBSTITUTING LESSER CHARGES, OR OFFERING ALTERNATIVE CHARGES. THERE WAS A DECREASE IN LEGAL AID USE IN BOTH JURISDICTIONS FROM 1974 TO 1977, ALTHOUGH PERSONS WHO USED LEGAL AID IN 1976 AND 1977 IN THE MAGISTRATE'S COURT WERE MORE LIKELY TO PLEAD GUILTY IN THE SUPREME COURT THAN THOSE PERSONS NOT REPRESENTED BY LEGAL AID, A REVERSAL OF THE SITUATION WHICH PREVIOUSLY EXISTED. IT IS CONCLUDED THAT WHILE BOTH FACTORS INFLUENCE THE INCREASE IN GUILTY PLEAS, THE USE OF LEGAL AID IN THE MAGISTRATE'S COURT IS THE MOST SIGNIFICANT. TABULAR DATA ARE PROVIDED. (DAG)