NCJ Number
61962
Journal
Justice System Journal Volume: 5 Issue: 1 Dated: (FALL 1979) Pages: 88-96
Date Published
1979
Length
9 pages
Annotation
THIS RESEARCH NOTE ELABORATES ON THE RELATIONSHIP BETWEEN CASELOADS AND PLEA BARGAINING AND THE DISCRETION OF PRESECUTORS AND PUBLIC DEFENDERS IN ENSURING THE EQUITABLE TREATMENT OF DEFENDANTS.
Abstract
THE MOST SIGNIFICANT PROBLEMS IN PLEA BARGAINING INCLUDE ABUSE AND DISCRETION, DEFENDANT CYNICISM, AND DISSATISFACTION WITH THE PLEA BARGAINING PROCESS BY BOTH POLICE AND THE PUBLIC. PROPOSALS TO EASE CASELOADS (E.G., PRETRIAL DIVERSION AND CASE SCREENING), CAN BE EVALUATED MORE EFFECTIVELY IF POLICYMAKERS AND COURT PERSONNEL ARE AWARE OF THE SPECIFIC EFFECT OF CASELOAD ON AN ATTORNEY'S PROPENSITY TO ENGAGE IN PLEA NEGOTIATIONS. A STATISTICAL MODEL ASSESSED THE CORRELATION BETWEEN A PROSECUTOR'S REPORTED RATE OF PLEA BARGAINING AND THE AVERAGE CASELOAD PER PROSECUTOR. DATA FOR TESTING THE MODEL WERE OBTAINED FROM A MAIL QUESTIONNAIRE SENT TO PROSECUTORS AND PUBLIC DEFENDERS IN ILLINOIS. THE SURVEY INSTRUMENT CONTAINED OPEN-ENDED AND CLOSED QUESTIONS RELATING PRIMARILY TO THE RESPONDENT'S PLEA BARGAINING PRACTICES. RESULTS DEMONSTRATED THAT CASELOAD HAD A MINIMAL EFFECT ON PLEA BARGAINING. PROSECUTORS WHO HANDLED FEWER CASES ENGAGED IN PLEA BARGAINING MORE FREQUENTLY THAN THOSE WHO HANDLED A GREATER VOLUME OF CASES. TWO PROPOSALS FOR REDUCING THE ABUSE OF DISCRETION IN THE PLEA BARGAINING PROCESS ARE OFFERED: (1) PROSECUTORS AND DEFENSE ATTORNEYS SHOULD TREAT DEFENDANTS EQUALLY BY STANDARDIZING THE PLEA BARGAINING PROCESS TO MINIMIZE VALUE JUDGMENTS IN CASE DISPOSITION; AND (2) IN ADDITION TO DEVELOPING GUIDELINES, PROSECUTORS AND DEFENSE ATTORNEYS SHOULD BE REQUIRED TO FILE A REPORT ON EVENTS THAT TRANSPIRED DURING A PLEA BARGAINING SESSION. THE MOST FEASIBLE PLAN IS TO DEVELOP METHODS FOR LIMITING THE DISCRETION OF PROSECUTORS AND PUBLIC DEFENDERS SO THAT CRIMINAL DEFENDANTS RECEIVE EQUITABLE TREATMENT. SUPPORTING DATA AND FOOTNOTES ARE INCLUDED. (DEP)