PLEA BARGAINING - NEMESIS OR NIRVANA?

• NCJ Number: 44809
• Author(s): ANON
• Date Published: 1977
• Length: 20 pages
• Sale Source: American Bar Assoc.
• Language: English
• Country: United States of America
• Note: ANNUAL MEETING IN CHICAGO, ILLINOIS, ON AUGUST 9, 1977, SPONSORED BY THE AMERICAN BAR ASSOCIATION, SECTION OF CRIMINAL JUSTICE, WASHINGTON, DC

Annotation

THE TEXT OF A PANEL DISCUSSION ON THE ADVANTAGES AND DISADVANTAGES OF THE PRACTICE OF PLEA BARGAINING IS PRESENTED.

Abstract

A JUDGE OPPOSED TO THE PROCESS DESCRIBES A 20-MONTH EXPERIMENT IN WHICH PLEA BARGAINING WAS ELIMINATED IN HIS COURT THROUGH INTRODUCTION OF SENTENCING GUIDELINES. IT WAS OBSERVED THAT PRISON TERMS INCREASED, AND THE JUDGE ARGUES THAT CAREER CRIMINALS WERE THUS BEING KEPT OFF THE STREET FOR LONGER PERIODS OF TIME. ANOTHER MEMBER OF THE PANEL, A DISTRICT ATTORNEY, MAINTAINS THAT ONLY CERTAIN OFFENSES SHOULD BE WITHDRAWN FROM THE PLEA BARGAINING PROCESS. A PROGRAM INSTITUTED IN HIS COUNTY FOCUSED ON 'TARGETING' ARMED ROBBERY AND BURGLARY DEFENDANTS TO SEE IF THE ELIMINATION OF CHARGE REDUCTION WOULD ACT AS A DETERRENT. THE PROGRAM ELIMINATED BACKLOGS IN THE COURT'S DOCKETS, AND THE DISTRICT ATTORNEY'S OFFICE PROSECUTED TWICE THE RATE OF ROBBERY AND BURGLARY CASES AS BEFORE. ANOTHER PANEL MEMBER MAINTAINS THAT THE PLEA NEGOTIATION PROCESS CAN DISPOSE OF CASES IN A MANNER ADVANTAGEOUS TO THE CLIENT. A DEFENSE LAWYER DISCUSSES PLEA BARGAINING IN THE AREA OF WHITE-COLLAR CRIME; CONCENTRATING ON THE PLEA OF 'NOLO CONTENDERE,' HE TRACES ITS ORIGIN THROUGH ENGLISH LAW TO ITS PRESENT USE. A LAW PROFESSOR CONCLUDES THE PANEL BY OUTLINING THE RESULTS OF A 2-YEAR STUDY FUNDED BY LEAA AND THE NATIONAL INSTITUTE OF LAW ENFORCEMENT AND CRIMINAL JUSTICE; THERE EXISTS A GREAT VARIETY IN THE PRACTICE OF PLEA BARGAINING THROUGHOUT THE COUNTRY, HE NOTES. (AUTHOR ABSTRACT MODIFIED).