PLEA IS NO BARGAIN - THE IMPACT OF CASE DISPOSITION ON SENTENCING

• NCJ Number: 61610
• Journal: Social Science Quarterly Volume: 60 Issue: 2 Dated: (SEPTEMBER 1979) Pages: 218-234
• Author(s): T M UHLMAN; N D WALKER
• Date Published: 1979
• Length: 17 pages
• Corporate Author: University of Texas Press
• Sale Source: Institute for Scientific Information
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

A STUDY OF CASE HISTORIES OF DEFENDANTS CONVICTED OF FELONIES IN A MAJOR CITY REVEALED THAT PLEA SENTENCES WERE ALMOST AS SEVERE AS THOSE HANDED DOWN IN BENCH TRIALS.

Abstract

THE KEY ASSUMPTION OF PLEA BARGAINING-THAT IN EXCHANGE FOR WAIVING THE CONSTITUTIONAL RIGHT TO TRIAL AND THE OPPORTUNITY OF BEING FOUND FACTUALLY OR LEGALLY INNOCENT, THE DEFENDANT RECEIVES A TANGIBLE DISPOSTIONAL BENEFIT--HAS BECOME A GIVEN WITHIN THE LEGAL COMMUNITY. THE CLASSIC DEFENDANT BENEFITS ARE THOSE OF BEING ALLOWED TO PLEAD TO A REDUCED CHARGE, RECEIVING A MORE LENIENT SENTENCE FOR THE CHARGED OFFENSE, OR BOTH. A STUDY WQS UNDERTAKEN TO EXAMINE THE RELATIONSHIP BETWEEN SENTENCING OUTCOME AND THE TYPE OF CASE DISPOSITION. THE RESEARCH WAS BASED UPON THE CASE HISTORIES OF 29,295 DEFENDANTS CONVICTED OF 1 TO 15 MAJOR FELONIES BETWEEN JULY 1968 AND JUNE 1974 IN THE TRIAL COURT OF A MAJOR METROPOLITAN CITY. COMPUTERIZED DATA AVAILABLE ON EACH DEFENDANT INCLUDED INFORMATION ON THE DISPOSITIONAL HISTORY OF THE CASE AND DEFENDANT AND CASE CHARACTERISTICS. FINDINGS INDICATED THAT OF THE DEFENDANTS WHO SOUGHT A BENCH TRIAL IN METRO CITY, 40 PERCENT WERE EVENTUALLY ACQUITTED. THE REMAINING 60 PERCENT RECEIVED SENTENCES THAT WERE ONLY MARGINALLY MORE SEVERE THAN THOSE WHO PLEADED AND WERE SENTENCED ON REDUCED CHARGES. ONLY IN THE CHANCE OF BEING SENTENCED TO JAIL DID PLEA DEFENDANTS FARE SUBSTANTIALLY BETTER. GIVEN THE PROBABILITIES OF CASE DISMISSAL, IT IS DIFFICULT TO ASCERTAIN WHY THE DEFENDANT CAN BE PERSUADED TO PLEA BARGAIN. THE STUDY DATA COULD INDICATE THAT THE ANXIETIES, PERSONAL STRESS, HUMILIATION, AND PUBLICITY SURROUNDING THE TRIAL PROCESS ARE SO GREAT THAT EVEN MINIMAL SENTENCING REWARDS MAY BE SUFFICIENT TO MAKE THE DEFENDANT OPT FOR A PLEA IN EXCHANGE FOR A QUICK AND CERTAIN SETTLEMENT. OTHER FACTORS MAY BE THE SOMEWHAT DECREASED PROBABILITY OF AN ACTIVE OR SEVERE JAIL SENTENCE, BAD LEGAL ADVICE, OR THE ATTORNEY'S DESIRE TO MOVE CASES QUICKLY. HOWEVER, AS MORE SOPHISTICATED INFORMATION BECOMES AVAILABLE, DEFENDANTS ARE LIKELY TO CHOOSE BENCH TRIALS RATHER THAN PLEA BARGAINING. TABULAR DATA, FOOTNOTES, AND REFERENCES ARE PROVIDED. (PRG)