NCJ Number
37115
Journal
Journal of Criminal Justice Volume: 4 Issue: 2 Dated: (SUMMER 1976) Pages: 133-145
Date Published
1976
Length
13 pages
Annotation
DESPITE THE FACT THAT PLEA BARGAINING IS REGARDED BY MANY PROSECUTORS AS AN ADMINISTRATIVE NECESSITY FOR ENSURING THAT JUSTICE IS DONE, THE AUTHOR AGREES WITH THE VARIOUS STANDARDS CALLING FOR ITS ABOLITION.
Abstract
THE PROPOSED STANDARDS OF THE AMERICAN BAR ASSOCIATION AND THE NATIONAL ADVISORY COMMISSION ON CRIMINAL JUSTICE STANDARDS AND GOALS ARE EXPRESSED IN AN IDEAL PERSPECTIVE, COMPARED WITH THE REALITY OF PLEA BARGAINING USE BY PROSECUTORS. FIFTY-FIVE PROSECUTORS WERE RANDOMLY SELECTED FROM FOUR COUNTIES IN TWO STATES, AND A STANDARDIZED QUESTIONNAIRE WAS ADMINISTERED TO THE SUBJECTS. THE MAJORITY OF THE SAMPLE INDICATED AN ESSENTIAL NEED FOR PLEA BARGAINING TO ADMINISTRATIVELY ENSURE JUSTICE IN THE CRIMINAL COURTS. THE AMERICAN BAR ASSOCIATION MAINTAINS THAT ADMINISTRATIVE EFFICACIOUSNESS IS A MINUTE CONSIDERATION IN JUSTIFYING PLEA BARGAINING AS A LEGAL INSTITUTION. STANDARDS PROPOSED BY THE FEDERAL TASK FORCE ON COURTS CONTEND THAT PLEA BARGAINING IS AN UNNECESSARY ADJUNCT TO THE FORMAL LEGAL PROCESS. EITHER OF THE PROPOSED STANDARDS WOULD, IF ADOPTED, DEFINITELY ACTIVATE PARTICIPANT ROLES IN A FORMALLY OPERATED LEGAL ENVIRONMENT. (AUTHOR ABSTRACT)