NCJ Number
19788
Journal
CANADIAN JOURNALS OF CRIMINOLOGY AND CORRECTIONS Volume: 17 Issue: 1 Dated: (JANUARY 1975) Pages: 45-56
Date Published
1975
Length
12 pages
Annotation
THE IMPACT OF SEVERAL VARIABLES ON PLEA NEGOTIATION WAS EXAMINED: PREVIOUS ARREST RECORD, MULTIPLE CHARGES, TYPE OF OFFENSE, REPRESENTATION BY DEFENSE COUNSEL, OCCUPATIONAL STATUS, AND RACIAL ORIGIN.
Abstract
RESEARCH ON THESE VARIABLES WAS DIRECTED TO THOSE SITUATIONS IN WHICH NEGOTIATION WAS SUCCESSFUL (WHERE A CHARGE WAS REDUCED IN EXCHANGE FOR A GUILTY PLEA). DATA WERE DRAWN FROM 2,000 FILES OF DEFENDANTS IN THE PRAIRIE PROVINCES WHO HAD BEEN FORMALLY CHARGED WITH OFFENSES AGAINST THE CANADIAN CRIMINAL CODE FROM MARCH 1972 THROUGH JANUARY 1973. ANALYSIS OF THE DATA REVEALED THAT BEING A FIRST OFFENDER ONLY MARGINALLY INCREASED THE CHANCES OF PLEA NEGOTIATION; SLIGHTLY INCREASED CHANCES WERE SEEN PRIMARILY AMONG NATIVES. SECOND, THE PRESENCE OF MULTIPLE CHARGES APPEARED TO INCREASE CHANCES FOR PLEA NEGOTIATION SIGNIFICANTLY, PERHAPS BECAUSE, WITH SUCH CHARGES, THE BARGAINING POSITION OF THE PROSECUTOR WAS ENHANCED. IN ADDITION, VERY LITTLE MIGHT HAVE HAD TO BE RELINQUISHED BY WAY OF A REDUCED CHARGE TO INDUCE THE DEFENDANT TO PLEAD GUILTY; THIS WAS NOT TRUE FOR NATIVE OFFENDERS. THIRD, CHANCES FOR PLEA NEGOTIATION DID INCREASE FOR PROFESSIONAL AND SEMIPROFESSIONAL DEFENDANTS. FOURTH, PLEA NEGOTIATION VIRTUALLY NEVER OCCURRED IN SUMMARY CONVICTION OFFENSES, WHILE 27 PERCENT OF DEFENDANTS CHARGED WITH INDICTABLE OFFENSES EXPERIENCED NEGOTIATION. THIS DID NOT HOLD IN THE CASE OF NATIVE DEFENDANTS (THE RESULT, PERHAPS, OF THE LOWER PROBABILITY OF NEGOTIATION FOR NATIVES). FINALLY, THE DATA CONSISTENTLY INDICATED THAT REPRESENTATION BY DEFENSE COUNSEL WAS A CRUCIAL FACTOR IN OBTAINING A NEGOTIATED PLEA, A FACTOR ON WHICH THE EFFECTS OF PREVIOUS RECORD, REPETITIOUS COUNTS OR MULTIPLE CHARGES, AND TYPE OF OFFENSE WERE DEPENDENT. THE RESEARCH WAS LIMITED IN THAT IT COVERED ONLY SUCCESSFUL NEGOTIATIONS. MOREOVER, THE INTRODUCTION OF SPECIFIC OFFENSE CATEGORIES COULD HAVE MODIFIED SOME OF THE RESULTS, AS COULD HAVE THE VARIABLE OF THE QUALITY OF REPRESENTATION BY COUNSEL. FURTHER RESEARCH SHOULD FOCUS ON THE SIGNIFICANCE OF RACIAL ORIGIN. TABLES ILLUSTRATE THE FINDINGS AND REFERENCES ARE PROVIDED. (MHP)