PLEA BARGAINING AND THE CRIMINAL JUSTICE PROCESS AN ORGANIZATIONAL PERSPECTIVE

• NCJ Number: 57570
• Author(s): W F MCDONALD
• Date Published: 1976
• Length: 24 pages
• Grant Number(s): 75-NI-99-0129
• Sponsoring Agency: US Dept of Justice
• Sale Source: National Institute of Justice/
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: PAPER PRESENTED AT THE ANNUAL MEETING OF THE AMERICAN POLITICAL SCIENCE ASSOCIATION, CHICAGO, SEPTEMBER, 1976

Annotation

THE STATED AND UNSTATED GOALS OF THE BEHAVIOR OF PRINCIPAL ACTORS IN THE CRIMINAL JUSTICE PROCESS ARE EXAMINED AND MOTIVATIONAL THEORY DEVELOPED, WHICH IS BELIEVED IMPORTANT FOR UNDERSTANDING PLEA BARGAINING.

Abstract

CONCEPTS DEVELOPED FROM THE APPLICATION OF ORGANIZATIONAL THEORY TO THE CRIMINAL JUSTICE PROCESS IN GENERAL ARE DISCUSSED. THE CONCEPTS DEVELOPED ARE BELIEVED TO BE USEFUL FOR UNDERSTANDING THE PLACE OF PLEA BARGAINING IN THE CRIMINAL JUSTICE SYSTEM. ORGANIZATIONAL THEORY DISTINGUISHES BETWEEN ULTIMATE AND OPERATIVE GOALS. WHILE ULTIMATE GOALS DEFINE AN ORGANIZATION'S REASON FOR EXISTENCE, OPERATIVE GOALS PROVIDE THE SPECIFIC CONTENT OF ULTIMATE GOALS AND REFLECT CHOICES BETWEEN COMPETING VALUES FOR REACHING ULTIMATE GOALS. ALSO, TWO KINDS OF OPERATIVE GOALS EXIST IN ORGANIZATIONS--THOSE OFFICIALLY APPROVED AND UNOFFICIAL GOALS USUALLY TIED TO GROUP INTERESTS. UNOFFICIAL GOALS DO NOT NECESSARILY HAVE ANY CONNECTION WITH THE ULTIMATE GOALS OF AN ORGANIZATION, AND, IN FACT, MAY SUBVERT THEM. THE PURSUIT OF UNOFFICIAL GOALS MAY EVENTUALLY RESULT IN GOAL DISPLACEMENT, WHICH INVOLVES A SIGNIFICANT DIVERGENCE OF OPERATIONAL GOALS FROM ULTIMATE OFFICIAL GOALS. IN APPLYING THESE GENERAL PRINCIPLES OF ORGANIZATIONAL THEORY TO THE CRIMINAL JUSTICE PROCESS, THE PROSECUTORIAL AND DISPOSITIONAL SEGMENT OF THE PROCESS IS GIVEN SPECIAL ATTENTION. THE ULTIMATE GOAL OF THE CRIMINAL JUSTICE PROCESS IS TO ADMINISTER JUSTICE. LESS ABSTRACT SUBGOALS ARE DETERRENCE, REHABILITATION, PUNISHMENT, AND INCAPACITATION WITH REFERENCE TO CRIMINAL BEHAVIOR. WHILE STUDIES OF OPERATIVE GOALS IN VARIOUS AGENCIES OF THE CRIMINAL JUSTICE SYSTEM ARE CONNECTED TO THE ULTIMATE GOALS OF CRIMINAL JUSTICE, THE SUBSTANCE OF THE OPERATIONS PERFORMED, WITH SPECIAL REFERENCE TO THE PROSECUTOR'S OFFICE AND THE COURTS, INDICATE THE EXISTENCE OF UNOFFICIAL GOALS. THE PRINCIPAL UNOFFICIAL GOAL IS TO ACT IN SUCH A WAY THAT DECISIONS, ACTIONS, AND OVERALL PERFORMANCE OF THE PRINCIPAL ACTORS ARE PROTECTED FROM CRITICISM AND MARRING THE IMAGE OF THE ACTOR, BOTH WITH FELLOW PROFESSIONALS AND THE PUBLIC. WHAT HAPPENS TO THE OFFENDER IS PLAYED OUT AGAINST THE BACKDROP OF THIS PRIMARY UNOFFICIAL GOAL. HOW THIS PERSPECTIVE APPLIES SPECIFICALLY TO PLEA BARGAINING IS BRIEFLY DISCUSSED. REFERENCE NOTES ARE PROVIDED. (RCB)