NCJ Number
54691
Journal
Journal of Criminal Law and Criminology Volume: 69 Issue: 2 Dated: (SUMMER 1978) Pages: 170-178
Date Published
1978
Length
10 pages
Annotation
THE EXTENT OF PLEA BARGAINING IN ENGLAND'S COURTS IS EXPLORED, WITH CONSIDERATION GIVEN TO BOTH EXPRESS OR OVERT PLEA BARGAINING AND TO IMPLIED OR COVERT PLEA BARGAINING.
Abstract
STATISTICAL INFORMATION ON MAGISTRATE COURTS, WHERE 90 PERCENT OF ALL CRIMINAL TRIALS ARE HEARD, INDICATES A HIGH INCIDENCE OF GUILTY PLEAS. IN HIGHER COURTS, HOWEVER, THERE IS INSUFFICIENT EVIDENCE ON THE INCIDENCE OR FREQUENCY OF PLEA BARGAINING. THE ISSUE IS WHETHER A PROCEDURAL AND PROFESSIONAL FRAMEWORK EXISTS THAT PROVIDES THE OPPORTUNITY FOR COVERT JUDICIAL PLEA BARGAINING. EXPRESS INVOLVEMENT OF THE JUDICIARY IN THE PLEA BARGAINING PROCESS IS PROHIBITED, EXCEPT THAT THERE ARE CERTAIN FEATURES OF COVERT JUDICIAL PLEA BARGAINING WHICH MAKE THE PROCESS PLAUSIBLE. SOME OF THESE ARE RELATIONSHIP BETWEEN COUNSEL AND CLIENT, RELATIONSHIP BETWEEN COUNSEL AND JUDGE, AND ROLE OF SENTENCING AT THE DISCRETION OF THE JUDGE. THE ADMINISTRATION OF CRIMINAL JUSTICE IN ENGLAND AND WALES IS VERY COMPLEX AND IS UNDER INCREASING PRESSURE DUE TO GROWING CRIME RATES AND INADEQUATE BUDGETARY RESOURCES FOR THE POLICE, THE COURTS, SOCIAL SERVICES, AND PRISONS. PLEA BARGAINING INCORPORATES A VISIBLE JUDICIAL STANCE OF NONINTERVENTION IN A DEFENDANT'S DECISION TO PLEAD, THEREBY RESPONDING TO PUBLIC EXPECTATIONS OF THE JUDICIAL ROLE. SIMULTANEOUSLY, PRESSURES WITHIN AND IMPOSED UPON THE COURTS CAN BE ALLEVIATED BY CLANDESTINE OPPORTUNITIES PROVIDED TO THE JUDICIARY AND COUNSEL TO SPEED TRIALS TO AN EARLY CONCLUSION. PLEA BARGAINING IS A DEFINITIVE ASPECT OF ENGLISH COURTS, AS SHOWN IN SUPERIOR COURT CASES AND RELATIONSHIPS BETWEEN PROFESSIONALS AND CLIENTS. CASE LAW IS REVIEWED. (DEP)