PLEA BARGAINING AND THE TRANSFORMATION OF THE CRIMINAL PROCESS

• NCJ Number: 39221
• Journal: Harvard Law Review Volume: 90 Issue: 3 Dated: (JANUARY 1977) Pages: 564-595
• Author(s): ANON
• Date Published: 1977
• Length: 32 pages
• Corporate Author: Harvard Law Review Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

DEALS WITH THE STRUCTURAL REFORMS OF PLEA BARGAINING AND DISCUSSES ITS THEORETICAL ADVANTAGES OVER THE TRADITIONAL MODEL OF CRIMINAL PROCESS.

Abstract

THE ARTICLE BEGINS WITH AN EXAMINATION OF THOSE ELEMENTS OF THE TRADITIONAL MODEL WHICH LED TO ITS BREAKDOWN AND TO THE DEVELOPMENT OF PLEA BARGAINING. ALSO DISCUSSED ARE THE PROBLEMS INHERENT IN PLEA BARGAINING. THE SECOND PART OF THE DOCUMENT ANALYZES TWO PRIOR PROPOSALS FOR REFORMING THE CURRENT PLEA BARGAINING PROCESS. FINALLY, THE LAST PART PRESENTS A MAGISTERIAL/PARTICIPATION MODEL OF PLEA BARGAINING AS A SUBSYSTEM OF THE TRADITIONAL MODEL. BY REQUIRING A PLEA SCREENING HEARING BEFORE AN INVESTIGATIVE MAGISTRATE PRIOR TO PLEA BARGAINING AND BY INSISTING ON THE DEFENDANT'S PARTICIPATION IN THE PLEA NEGOTIATIONS, THIS MODEL WOULD REALIZE THE POTENTIAL ADVANTAGES OF A BARGAINING SYSTEM AND AMELIORATE THE DEFECTS OF THE CURRENT PRACTICE. (AUTHOR ABSTRACT)...KAP