NCJ Number
62416
Journal
Modern Law Review Volume: 41 Dated: (SEPTEMBER 1978) Pages: 544-558
Date Published
1978
Length
15 pages
Annotation
BASED ON INTERVIEWS WITH 121 DEFENDANTS WHO PLEADED GUILTY IN A BRITISH COURT, CONCLUSIONS ARE DRAWN ABOUT SENTENCING PROBLEMS POSED IN SUCH CASES.
Abstract
OF THE DEFENDANTS INTERVIEWED, OVER 70 PERCENT CLAIMED TO HAVE PLEADED GUILTY EITHER BECAUSE OF PRESSURE FROM THEIR OWN ATTORNEYS OR BECAUSE THEY HAD COMMITTED THEMSELVES TO SOME FORM OF NEGOTIATED PLEA SETTLEMENT. IN COMMENTING UPON THE PRESENTATION OF THE FACTS OF THEIR OFFENSES IN COURT, MANY DEFENDANTS SAID THE ACCOUNT OF THE OFFENSE BY THE PROSECUTION BORE LITTLE RESEMBLANCE TO THE OFFENSE THE DEFENDANT BELIEVED HAD BEEN COMMITTED. IN SUCH CASES, THE FACTUAL DISTORTIONS ARE LIKELY TO BE SUFFICIENTLY SERIOUS TO RAISE QUESTIONS ABOUT THE JUST DISPOSITION OF THE CASE. SOMETIMES THE DISTORTION OF THE OFFENSE OPERATED TO THE DEFENDANT'S BENEFIT, BUT IN ANY CASE THE DEFENDANT DID NOT PERCEIVE THAT JUSTICE WAS DONE IN ACCORDANCE WITH THE OFFENSE COMMITTED. THE ADVERSARIAL SYSTEM IS DESIGNED TO GIVE A JUDGE OR JURY A CLEAR PICTURE OF WHAT DID OR DID NOT HAPPEN IN THE INCIDENT AT ISSUE. WHEN ADVERSARIAL PROCEEDINGS ARE PRECLUDED BY GUILTY PLEAS NEGOTIATED PRIOR TO THE COURT HEARING, THE DEFENDANT LOSES VIRTUALLY ALL CONTROL OF WHAT TRANSPIRES BEFORE THE JUDGE, WHO WILL PRESUMABLY DETERMINE THE SENTENCE ON THE BASIS OF THE NATURE OF THE OFFENSE DESCRIBED BY THE PROSECUTION. PROBLEMS CREATED BY INFORMALLY NEGOTIATED GUILTY PLEAS MUST BE CONFRONTED SO THE SENTENCER CAN HAVE SOME CONFIDENCE THAT THE SENTENCE RENDERED IS BASED ON WHAT THE DEFENDANT ACTUALLY DID. FOOTNOTES ARE PROVIDED. (RCB)