NCJ Number
59924
Journal
Law and Society Review Volume: 13 Issue: 2 Dated: SPECIAL ISSUE (WINTER 1979) Pages: 467-478
Date Published
1979
Length
12 pages
Annotation
THE USE OF DIFFERENT TYPES OF SENTENCE BARGAINING TACTICS IN 10 FEDERAL DISTRICT COURTS IS STUDIED ON THE BASIS OF WHETHER THE PROSECUTORS START THE CASES OR WHETHER THEY JUST RESPOND TO OTHER FEDERAL AGENCIES.
Abstract
FEDERAL COURTS HAVE MUCH GREATER POTENTIAL THAN STATE COURTS FOR SELECTIVELY DETERMINING THE COMPOSITION AND SIZE OF THEIR CASELOADS BY 'PROACTIVELY' DETERMINING WHICH AREAS OF ENFORCEMENT THE COURT WILL EMPHASIZE. AS A RESULT, FEDERAL COURTS FREQUENTLY DEVOTE CONSIDERABLE ATTENTION TO THE PROSECUTION OF 'UPPERWORLD' (WHITE-COLLAR OR POLITICAL CORRUPTION CRIMES) AS WELL AS 'UNDERWORLD' (STREET) CRIMES. QUALITATIVE DATA WERE OBTAINED THROUGH SITE VISITS TO EACH OF THE DISTRICTS, OBSERVATION OF 200 HOURS OF COURT PROCEEDINGS, AND 600 HOURS OF INTERVIEWS WITH COURT PERSONNEL INVOLVED IN DECISIONMAKING IN CRIMINAL CASES. IT WAS FOUND THAT THE PROSECUTION OF UPPERWORLD CRIMES PRESENTS PROBLEMS IN DEVELOPING THE TYPE OF EVIDENCE REQUIRED FOR SUCCESSFUL PROSECUTION. THEREFORE, PROSECUTORS RELY UPON EXPLICIT BARGAINING TACTICS IN WHICH PROMISES OF CONCESSIONS AND THREATS OF COERCION ARE MADE. THE USE OF SUCH TACTICS REQUIRES COOPERATION AND ACCEPTANCE FROM BOTH DEFENSE ATTORNEYS AND JUDGES. THE RELIANCE ON EXPLICIT SENTENCE BARGAINING IN UPPERWORLD CRIME CASES ARISES FROM THE POWER AND INTERESTS OF PROSECUTORS AND DEFENDANTS AND THE SOCIAL STRUCTURE IN WHICH SUCH CRIMES ARE COMMITTED. THE EXPLICIT USE OF CONCESSIONS AND COERCION IN SUCH CASES POSES A PROBLEM IN THAT SUCH PRACTICES ARE VISIBLE TO PUBLIC SCRUTINY AND CRITICISM. REFERENCES ARE PROVIDED. (KCP)