PLEA BARGAINING IN THE UNITED STATES, 1978

• NCJ Number: 40484
• Author(s): H S MILLER; W F MCDONALD; J A CRAMER
• Date Published: 1978
• Length: 443 pages
• Grant Number(s): 75-NI-99-0129
• Sponsoring Agency: US Dept of Justice; US Dept of Justice NIJ Pub
• Corporate Author: Georgetown University
• Sale Source: Superintendent of Documents, GPO; National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

THIS REPORT PRESENTS A STUDY OF THE NATURE AND EXTENT OF PLEA BARGAINING IN THE UNITED STATES, EMPHASIZING ITS CHARACTERISTICS AND DYNAMICS.

Abstract

THE REPORT BEGINS WITH A SUMMARY OF THE FINDINGS AND CONCLUSIONS, FOLLOWED BY AN OVERVIEW OF PLEA BARGAINING IN THE UNITED STATES. THIS CHAPTER ADDRESSES THE PROBLEM OF DEFINING PLEA BARGAINING AND DETERMINING THE EXTENT OF ITS USE. VARIOUS TYPES OF PLEA BARGAINING THAT WERE IDENTIFIED IN THE FIELD ARE PRESENTED AND DESCRIBED. THE SECOND CHAPTER FOCUSES ON THE ROLE OF THE PROSECUTOR. THE ISSUES OF ACTUAL AND LEGAL INNOCENCE, PROSECUTORIAL DISCRETION, SCREENING, AND PLEA BARGAINING ARE ADDRESSED. THE ROLE OF DEFENSE COUNSEL IN THE PLEA NEGOTIATION PROCESS AND THE CONDITIONS UNDER WHICH EFFECTIVE ASSISTANCE CAN BE PROVIDED TO DEFENDANTS ARE EXPLORED. ANOTHER SECTION OF THE TEXT ANALYZES THE ROLE OF THE JUDGE AS IT PERTAINS TO JUDICIAL SUPERVISION OF AND PARTICIPATION IN PLEA BARGAINING. CHAPTER FIVE CONCERNS THE FEASIBILITY OF A COST ANALYSIS OF PLEA BARGAINING. AN ASSESSMENT OF THE PRACTICALITY OF DETERMINING THE COST OF PLEA BARGAINING IN AN OVERALL SYSTEM OF CASE DISPOSITION IS PRESENTED. THE FINAL CHAPTER CONTAINS PERTINENT INFORMATION ON THE METHODOLOGICAL APPROACH USED IN THE STUDY. THE APPENDIXES INCLUDE INFORMATION ON THE GUILTY PLEA RATES OF 20 STATES BY JURISDICTIONS AND SOME FORMS THAT ARE USED CONCERNING PLEA BARGAINING. ALSO INCLUDED IS AN EXTENSIVE ANNOTATED AND INDEXED BIBLIOGRAPHY. FOR THE PRELIMINARY REPORT OF THIS PROGRAM, SEE NCJ-40001. (AUTHOR ABSTRACT)