NCJ Number
59928
Journal
Law and Society Review Volume: 13 Issue: 2 Dated: SPECIAL ISSUE (WINTER 1979) Pages: 555-564
Date Published
1979
Length
10 pages
Annotation
A CRITIQUE IS PRESENTED OF THE CALLS FOR REFORM OF THE PLEA BARGAINING PROCESS ADVANCED BY CHURCH AND BRUNK (NCJ-59926) (NCJ-59927).
Abstract
EVEN IF THE SUGGESTED REFORMS ADVANCED IN THESE ARTICLES WERE ADOPTED, CERTAIN RIGHTS WOULD BE DENIED TO DEFENDANTS, THE MOST IMPORTANT BEING THE RIGHT TO RECEIVE THE LEAST POSSIBLE PUNISHMENT FOR A CRIME, EVEN IF DEFENDANTS ELECTED TO HAVE JURY TRIALS. VIOLATION OF INALIENABLE RIGHTS IS INHERENT IN ANY PLEA BARGAINING SYSTEM BECAUSE IN ORDER FOR THE BARGAIN TO BE ATTRACTIVE, THE PROPOSED SENTENCE MUST BE LIGHTER THAN THE SENTENCE THAT COULD BE EXPECTED AFTER CONVICTION AT TRIAL. CHURCH FAILS TO RECOGNIZE THAT THE 'CUTRATE' SENTENCES AVAILABLE THROUGH PLEA BARGAINING FUNDAMENTALLY THREATEN OUR LEGAL SYSTEM, WHICH IS BASED ON THE ASSUMPTION OF EQUAL TREATMENT FOR ALL PEOPLE. IN ADDITION, CHURCH DOES NOT REALIZE THAT SUCH BARGAINING PROCEDURES VIOLATE THE WORK OF THE JURY SYSTEM. BRUNK DOES NOT SATISFACTORILY ANSWER TWO FUNDAMENTAL OBJECTIONS TO THE PLEA BARGAINING PROCESS: (1) THAT THE COURTS SHOULD NOT HONOR SUCH AGREEMENTS AND (2) THAT IF PUBLIC OFFICIALS MUST COERCE DEFENDANTS TO ACCEPT THESE BARGAINED PLEAS, THEY ARE ACTING WRONGFULLY. IT IS APPARENT THAT IN ANY CONCEIVABLE PLEA BARGAINING SYSTEM DEFENDANTS MUST WAIVE EITHER THEIR RIGHT TO TRIAL OR THEIR RIGHT TO THE LOWEST REASONABLE SENTENCE IF CONVICTED. A SYSTEM SHOULD BE SET UP IN WHICH BOTH RIGHTS ARE FULLY PROTECTED. FOOTNOTES AND REFERENCES ARE PROVIDED. (KCP)