NCJ Number
107929
Date Published
Unknown
Length
375 pages
Annotation
This study empirically and normatively assessed the impact of the 1982 Victim's Bill of Rights (Proposition 8) on plea bargaining in two representative California counties.
Abstract
Under the law, plea bargaining is banned in superior, but not municipal, courts. Statistical tests of the timing of guilty pleas and of felony sentencing show that although sentencing remained constant, the law probably caused a shift in guilty plea procedures. In one urban county, the majority of serious felony cases were concluded by guilty plea within a week of arraignment before preliminary hearing. In the other county, a preexisting trend toward early guilty pleas was exacerbated. This is attributable in part to a provision of the law that encourages recidivists to plead guilty immediately to avoid 5-year prison term enhancements for prior offenses. Interviews with and observations of court professionals indicate that the shift of plea bargaining to lower courts was seen as appropriate, fair, and ethical so long as evidence of guilt was unassailable. It is suggested that the law has strengthened the nonpublic aspects and undermined due process because it encourages professionals to ignore exacting standards of proof and provides little opportunity to challenge evidence, as most cases are concluded before victims and witnesses testify or background investigations are completed. 29 footnotes. (Author abstract modified)