PLEA BARGAINING IN MINNESOTA - FINAL REPORT OF THE PLEA NEGOTIATION STUDY

• NCJ Number: 57404
• Author(s): C L THOMSSEN; P J FALKOWSKI
• Date Published: 1979
• Length: 153 pages
• Corporate Author: Minnesota Crime Control Planning Board (See Minnesota Criminal Justice Program)
• Sale Source: National Institute of Justice/; Minnesota Document Section
• Language: English
• Country: United States of America

Annotation

THIS FINAL REPORT OF A MINNESOTA PLEA NEGOTIATION STUDY IS INTENDED TO PROVIDE DESCRIPTIVE INFORMATION CONCERNING PLEA BARGAINING IN MINNESOTA'S DISTRICT COURTS.

Abstract

THE DATA PRESENTED IN THIS REPORT WERE COLLECTED FROM COUNTY ATTORNEY AND DISTRICT COURT FILES AND REPRESENT APPROXIMATELY 18 PERCENT OF THE CRIMINAL DISPOSITIONS FILED IN 1975. THE SAMPLE CONSISTED OF 1,276 CASES FROM 11 COUNTIES IN MINNESOTA. MOST CRIMINAL CASES ARE SETTLED BY NEGOTIATIONS BETWEEN THE PROSECUTION AND DEFENSE COUNSEL AND CULMINATE IN A PLEA OF GUILTY. ROUGHLY 90 PERCENT OF ALL CONVICTIONS ARE THE RESULT OF A GUILTY PLEA, AND OF THESE APPROXIMATELY THREE-FOURTHS ARE THE RESULT OF A PLEA NEGOTIATION. IN THE 11 COUNTIES SURVEYED, PLEA BARGAINING RATES RANGE FROM A LOW 46 PERCENT TO A HIGH OF 92 PERCENT. THIS VARIATION CANNOT BE ATTRIBUTED TO COUNTY POPULATION OR CRIMINAL CASELOAD NOR TO THE TYPE OF ATTORNEY OR TYPE OF PLEA AGREEMENT REACHED. THE MOST COMMON TYPE OF PLEA AGREEMENT INVOLVES PROSECUTORIAL RECOMMENDATIONS CONCERNING SENTENCE WITH WHICH THE COURT FREQUENTLY CONCURS. THE MOST FREQUENTLY OCCURRING TYPE OF SENTENCE AGREEMENT IS WHEN THE PROSECUTION RECOMMENDS A SENTENCE LENGTH WHICH IS LESS THAN THE STATUTORY MAXIMUM SENTENCE. FOR MALE DEFENDANTS, PLEA BARGAINING RESULTS IN SENTENCES WHICH ARE MORE LENIENT THAN THOSE OF DEFENDANTS CONVICTED BY OTHER MEANS. DIFFERENT FACTORS AFFECT SENTENCE SEVERITY FOR MALE AND FEMALE DEFENDANTS. FOR MALE DEFENDANTS, TYPE OF CONVICTION, TYPE OF CRIME, AND THE STATUTORILY PRESCRIBED MAXIMUM SENTENCE ARE SIGNIFICANT IN EXPLAINING VARIATION IN SENTENCE SEVERITY. FOR FEMALE DEFENDANTS, THE NUMBER OF COUNTS IN THE CASE AND THE INVOLVEMENT IN ADDITIONAL CRIMINAL CASES ARE SIGNIFICANT FACTORS. FOR MEN AND WOMEN, PRIOR CONVICTION RECORD AND USE OF A FIREARM PLAY A SIGNIFICANT ROLE IN SENTENCING. FOR MALES AND FEMALES RACE, TYPE OF DEFENSE ATTORNEY, NUMBER OF COUNTS AND INVOLVEMENT IN OUTSIDE CASES ARE INSIGNIFICANT FACTORS IN EXPLAINING VARIATIONS IN SENTENCING. THE SENTENCING GUIDELINES COMMISSION IS IN THE PROCESS OF DEVELOPING SENTENCING GUIDELINES, AND RECOMMENDATIONS STEMMING FROM THIS REPORT ARE DIRECTED TOWARD THE COMMISSION. THE TEXT AND THE APPENDIX INCLUDE TABULAR DATA. A BIBLIOGRAPHY IS PROVIDED. (PRG)