NCJ Number
46817
Date Published
1978
Length
16 pages
Annotation
THE RESULTS OF AN EMPIRICAL ANALYSIS OF THE OUTCOME OF A LIMITED ATTEMPTED BY A SUBURBAN MIDWESTERN COUNTY TO ELIMINATE ALL PLEA BARGAINING IN DRUG SALE CASES ARE PRESENTED.
Abstract
THE RESEARCH WAS CONDUCTED IN 'HAMPTON COUNTY' (FICTITIOUS NAME), LOCATED NEXT TO A MAJOR MIDWEST INDUSTRIAL CITY; THE COUNTY COVERS 900 SQUARE MILES AND HAS A POPULATION OF OVER 1 MILLION, A MEDIAN FAMILY INCOME OF $18,000, AND A NONWHITE POPULATION OF JUST UNDER 3 PERCENT. THE CRIMINAL COURT SYSTEM IS 2-TIERED SO THAT THE DISTRICT AND MUNICIPAL COURTS THROUGHOUT THE COUNTY HANDLE MOST MISDEMEANORS, WHILE THOSE OFFENSES CARRYING A PENALTY OF MORE THAN 1 YEAR INCARCERATION FALL WITHIN THE JURISDICTION OF THE 11-JUDGE CIRCUIT COURT LOCATED IN 'HAMPTON CITY.' PRIOR TO THE NO-PLEA BARGAIN INITIATIVE UNDERTAKEN BY A NEW COUNTY PROSECUTOR, MOST CRIMINAL CASES WERE DISPOSED OF WITHOUT TRIAL AFTER NEGOTIATIONS BETWEEN ASSISTANT PROSECUTORS AND DEFENSE ATTORNEYS. A STANDARDIZATION OF NEGOTIATED SETTLEMENTS WAS PARTICULARLY EVIDENT IN DRUG SALE CASES: JUDGES WERE SELDOM INVOLVED IN THE PROCESS EXCEPT TO RATIFY THE FINAL AGREEMENT WORKED OUT BETWEEN THE COUNSELS FOR THE DEFENSE AND THE PROSECUTION. UPON ASSUMING OFFICE IN JANUARY 1973, A NEWLY ELECTED PROSECUTING ATTORNEY SUBSTANTIALLY MODIFIED THE GROUND RULES FOR DISCRETIONARY DECISIONMAKING: ABSOLUTELY NO PLEA BARGAINING WAS PERMITTED IN ANY DRUG SALE CASE, INCLUDING THOSE INVOLVING ANY FELONIOUS AMOUNT OF MARIHUANA. DISPOSITIONAL INFORMATION FOR THIS ANALYSIS WAS SUPPLEMENTED BY A SERIES OF OPEN-ENDED INTERVIEWS DURING THE SPRING AND SUMMER OF 1975. THE SYSTEM IMPACT OF THE NO-REDUCTION POLICY IS DISCUSSED, AND TABULAR DATA REGARDING PLEA AND TRIAL RATES ARE PROVIDED. THE DATA INDICATE THAT A SHARP DROP OCCURRED IN THE NUMBER OF DEFENDANTS WHO PLEADED GUILTY TO REDUCED CHARGES AFTER THE ADOPTION OF THE NEW POLICY; THE TRIAL RATE INCREASED SIGNIFICANTLY, AND THE TOTAL PROPORTION OF CASES DECIDED THROUGH PLEAS OF GUILTY FELL CONSIDERABLY. THE ACCOMPANYING SHIFT TO JUDICIAL DOMINANT SENTENCE BARGAINING IS EXAMINED; INTERVIEWS INDICATED THAT ROUGHLY HALF THE BENCH WOULD MAKE SOME FORM OF PREPLEA SENTENCE COMMITMENT IN POLICY CASES -- A SIZABLE SHIFT IN LIGHT OF FORMER PRACTICES. THE ACCOMPANYING PARTICIPANT ACCOMMODATIONS OF THE PROSECUTORS, JUDGES, AND DEFENSE COUNSELS ARE ALSO DISCUSSED. IT IS UNCLEAR HOW ANY FUNDAMENTAL SHIFT AWAY FROM ACCEPTED NORMS OF PROSECUTORIAL-DOMINANT PLEA DISCRETION COULD OCCUR WITHOUT AN EVEN MORE FUNDAMENTAL CHANGE IN THE INCENTIVE STRUCTURES OF THE REMAINING PARTICIPANTS. TABULAR DATA ON TRIAL AND PLEA RATE AND ON DRUG SALE CASE DISPOSITIONS FOR 1972 AND 1973 ARE PROVIDED. NOTES AND REFERENCES ARE INCLUDED. (KBL)