NCJ Number
29605
Journal
Law and Society Review Volume: 9 Issue: 3 Dated: (SPRING 1975) Pages: 515-528
Date Published
1975
Length
14 pages
Annotation
THIS NOTE ANALYZES THE RELATIONSHIP OF PLEA BARGAINING TO CASE PRESSURE BY EXAMINING CONNECTICUT COURT STATISTICS FROM THE 1880'S TO THE PRESENT TO DETERMINE IF VARIATIONS IN CASE PRESSURE AFFECT THE TRIAL RATE.
Abstract
IT IS OBSERVED THAT THE HEAVY CASELOADS OF CRIMINAL COURTS ARE OFTEN COUPLED WITH OBSERVATIONS OF THE PREVALENCE OF PLEA BARGAINING SO AS TO SUGGEST THAT PLEA BARGAINING IS AN EXPEDIENT DEVELOPED TO MANAGE EXCESSIVELY LARGE CASELOADS. TO TEST THIS ASSUMPTION, THE AUTHOR REVIEWED DATA FROM PUBLISHED STATE OF CONNECTICUT REPORTS AND INTERVIEWED 71 INDIVIDUALS WORKING IN CONNECTICUT'S CRIMINAL JUSTICE SYSTEM. STATISTICS ON GUILTY PLEAS FOR THE YEARS 1966-1973 ARE FIRST PRESENTED: THEY SHOW THAT IN NOT ONE OF THE SEVEN YEARS ANALYZED DID THE RATIO OF TRIALS TO TOTAL DISPOSITIONS EXCEED NINE PERCENT. DATA ON THE RATIO OF TRIALS TO DISPOSITIONS IS THEN PRESENTED FOR THE YEARS 1880-1954. IT WAS FOUND THAT THE MEAN PERCENTAGE OF TRIALS FOR THIS 75-YEAR PERIOD WAS 8.7 PERCENT. THE AUTHOR CONCLUDES THAT TRIALS, AS FAR BACK AS 1880, DID NOT SERVE AS A FREQUENT SOURCE OF CASE DISPOSITIONS. CASELOAD DATA FROM 1880-1954 ARE THEN REVIEWED FOR THE NINE CONNECTICUT SUPERIOR COURTS. THE AUTHOR FOUND THAT COURTS WITH LOW CASE PRESSURE DID NOT APPRECIABLY DIFFER IN THE PERCENTAGE OF TRIAL CASES WHEN COMPARED TO HIGH CASE PRESSURE COURTS. EVEN DURING THE PERIOD OF 1970-1973, COURTS WHICH EXPERIENCED SIGNIFICANT DECREASES IN CASE PRESSURE DID NOT INCREASE THE PERCENTAGE OF CASES BROUGHT TO TRIAL. THE AUTHOR CONCLUDES THAT PLEA BARGAINING CANNOT BE EXPLAINED MERELY AS THE PRODUCT OF CASE PRESSURE, BUT ALSO AS A STRATEGIC MOVE ON THE PART OF PROSECUTION AND DEFENSE. (AUTHOR ABSTRACT MODIFIED)