NCJ Number
62414
Journal
British Journal of Law and Society Volume: 5 Issue: 2 Dated: (1978) Pages: 228-235
Date Published
1978
Length
8 pages
Annotation
REACTIONS OF THE BRITISH LEGAL PROFESSION TO PUBLISHED RESEARCH FINDINGS ON PLEA BARGAINING IN ENGLAND ARE DESCRIBED, AND THE PRACTICE OF PLEA BARGAINING IS ASSESSED.
Abstract
ACCORDING TO A BOOK PUBLISHED IN ENGLAND IN SEPTEMBER 1977, MANY DEFENDANTS EXPECTED TO BE TRIED BY JURY WERE OBSERVED TO PLEAD GUILTY AT A LATE STAGE IN THE PRETRIAL PROCEEDINGS, SOMETIMES ONLY MINUTES BEFORE THE CASE WAS DUE IN COURT. INTERVIEWS WITH 121 OF THESE DEFENDANTS AFTER THEIR CASES HAD BEEN CONCLUDED DETERMINED THAT MANY HAD BEEN INDUCED TO CHANGE THEIR PLEA TO GUILTY AFTER INFORMAL NEGOTIATIONS OVER THEIR PLEAS. SOME DEFENDANTS MENTIONED DISCUSSIONS BETWEEN THE LAWYERS AND THE JUDGE, AFTER WHICH AN INDICATION OF THE SENTENCE TO BE IMPOSED HAD BEEN RELAYED TO THE DEFENDANT BY HIS LAWYER. INDIVIDUAL LAWYERS AND LEGAL ORGANIZATIONS REFUSED TO COOPERATE IN THE RESEARCH, AND PRIOR TO AND AFTER PUBLICATION, THE RESEARCH WAS ATTACKED BY THE LEGAL PROFESSION AS SPURIOUS, AND THE PERSONAL INTEGRITY OF THE AUTHORS WAS QUESTIONED. NONE OF THE CRITICS, HOWEVER, HAVE DENIED THAT PLEA BARGAINING EXISTS. THE EXISTENCE AND NATURE OF PLEA BARGAINING MUST BE BROUGHT INTO THE OPEN FOR PUBLIC DEBATE BECAUSE OF THE SERIOUS QUESTIONS IT RAISES REGARDING JUSTICE IN ENGLISH COURTS. A LESSER SENTENCE METED OUT FOR A GUILTY PLEA THAN FOR A CONVICTION UNDER A NOT-GUILTY PLEA, MORE THAN BEING A REWARD FOR REMORSE, TENDS TO PUNISH THE DEFENDANT WHO REQUIRES THAT THE JUDICIAL SYSTEM DO WHAT IS EXPECTED OF IT--PROVE GUILT THROUGH THE PRESENTATION OF EVIDENCE IN A FORMAL TRIAL. FURTHER, THE PROPRIETY OF JUDGES AND LAWYERS DISCUSSING POSSIBLE SENTENCES PRIOR TO TRIAL IS QUESTIONABLE. FOOTNOTES ARE PROVIDED. (RCB)