NCJ Number
55890
Journal
BROOKLYN BARRISTER Volume: 26, Dated: (MARCH 1975) Pages: 99-103
Date Published
1975
Length
5 pages
Annotation
NEGOTIATION OF PLEAS AND DISCUSSION OF POSSIBLE SENTENCES HAVE VALID FUNCTIONS IN THE ADMINISTRATION OF CRIMINAL JUTICE, BOTH IN REDUCING THE PROSECUTOR'S WORKLOAD, AND PROTECTING THE DEFENDANT.
Abstract
PLEA BARGAINING OCCURS PRIMARILY BECAUSE OF THE RECOGNITION BY CRIMINAL DEFENDANTS OF THEIR GUILT, AND BECAUSE OF THEIR DESIRE TO DISPOSE OF THEIR CASES ON THE BEST POSSIBLE TERMS. PROSECUTORS ARE SIMILARLY ANXIOUS TO REDUCE THEIR EXTENSIVE CASELOAD AND ELIMINATE THE UNCERTAINTIES INHERENT IN A JURY TRIAL. THE PROSECUTOR HAS THE FINAL ACCEPTANCE OF ANY PLEA, WHICH MAY NOT BE ALTERED BY THE JUDGE. BECAUSE A COMMON PRACTICE OF THE POLICE IS TO CHARGE SUSPECTS WITH MORE SERIOUS CRIMES THAN MAY HAVE ACTUALLY OCCURRED, THE PROSECUTOR'S ACCEPTANCE OF A PLEA TO A LESSER INCLUDED OFFENSE SERVES THE INTERESTS OF JUSTICE. ADDITIONALLY PROSECUTORS THEMSELVES FREQUENTLY INDICT A DEFENDANT FOR A HIGHER DEGREE OF CRIME THAN WAS ACTUALLY COMMITTED, AND THEN REDUCE THE COMPLAINT TO ACCOMODATE A GUILTY PLEA AND TO END THE POSSIBILITY OF AN ACQUITTAL. SEVERAL EXAMPLES OF PLEA BARGAINING SITUATIONS IN THE NEW YORK CITY COURT SYSTEM ARE PROVIDED. THESE EXAMPLES DEMONSTRATE THE TOLERATION OF PLEA BARGAINING AS A MEANS OF SORTING OUT CASES WHICH HAVE BEEN OVERCHARGED, AND ENCOURAGING THE SWIFT ADMINISTRATION OF JUSTICE ACCORDING TO THE DESIRES OF ALL PARTIES. (TWK)