NCJ Number
59180
Journal
VITAL ISSUES Volume: 27 Issue: 7 Dated: (MARCH 1978) Pages: COMPLETE ISSUE
Date Published
1978
Length
4 pages
Annotation
REFORM MEASURES ARE PRESENTED WHICH WOULD INTRODUCE ACCOUNTABILITY INTO THE PLEA BARGAINING PROCESS, AND WOULD MAKE IT DIFFICULT FOR AN INNOCENT PERSON TO BE COERCED INTO PLEADING GUILTY.
Abstract
ALTHOUGH NO INDIVIDUAL REFORM MEASURE WOULD CURE ALL OF THE ABUSES IN THE PLEA BARGAINING SYSTEM, THE REQUIREMENT OF COMPLETE DISCLOSURES TO THE DEFENDANT, AND A THOROUGH JUDICIAL INQUIRY INTO THE FACTS OF EACH CASE WOULD INCREASE THE DIFFICULTY OF WRONGFULLY SENTENCING INNOCENT PERSONS. ALTHOUGH PLEA BARGAINING STILL SERVES SOME USEFUL PURPOSES IN THE REDUCTION OF COURT BACKLOGS, AND SHOULD NOT BE COMPLETELY ABOLISHED, THERE IS THE NEED TO CORRECT THE ABUSES WITHIN THE SYSTEM. IT IS RECOMMENDED THAT SECRECY IN THE NEGOTIATION PROCESS BE ENDED IN ORDER TO MAKE ALL PARTICIPANTS ACCOUNTABLE FOR THEIR DECISIONS. IF JUDGES PARTICIPATE IN THE BARGAINING, THEN A VERBATIM RECORD OF THE DISCUSSIONS SHOULD BE REQUIRED. LESS FORMAL RECORDS OUGHT TO BE KEPT OF NEGOTIATIONS BETWEEN PROSECUTORS AND DEFENSE ATTORNEYS, WHICH WOULD INCLUDE THE REASONS FOR THE BARGAINED PLEA. STATEWIDE GUIDELINES SHOULD GOVERN PROSECUTORIAL CHARGING AND DISCRETIONARY ACTIONS WITH THE EMPHASIS ON REGULATING DISCRETION, NOT ABOLISHING IT. THE U.S. SUPREME COURT IN BORDENKIRCHER V HAYES (1978) HELD THAT A DEFENDANT'S RIGHT TO DUE PROCESS OF LAW WAS NOT INFRINGED ON WHEN HE WAS GIVEN A LIFE SENTENCE AFTER CONVICTION WHICH FOLLOWED HIS REFUSAL TO ACCEPT A BARGAIN FOR A GUILTY PLEA AND REDUCED SENTENCE. THE POTENTIAL FOR PROSECUTORIAL VINDICTIVENESS REMAINS UNDETERRED UNDER THE JUDICIAL DECISIONS, AND JUDICIAL SUPERVISION FOR BARGAINING IS STILL PROHIBITED BY THE JUDICIAL STANDARDS OF THE AMERICAN BAR ASSOCIATION. NO REFERENCES ARE PROVDED. (TWK)