SOME DETERMINANTS OF THE METHOD OF CASE DISPOSITION DECISION-MAKING BY PUBLIC DEFENDERS IN LOS ANGELES

• NCJ Number: 14572
• Journal: Law and Society Review Volume: 8 Issue: 2 Dated: (WINTER 1973) Pages: 187-216
• Author(s): L M MATHER
• Date Published: 1973
• Length: 30 pages
• Corporate Author: Law and Society Assoc
• Publication Format: Article
• Publication Type: Statistics
• Language: English
• Country: United States of America

Annotation

DISCUSSION OF THE FACTORS WHICH DECIDE WHETHER A CASE WILL BE SETTLED BY PLEA BARGAINING OR TRIAL.

Abstract

FIELD WORK FOR THIS PAPER INCLUDED INTERVIEWS WITH ATTORNEYS, JUDGES AND COURT STAFF, ANALYSIS OF CASE FILES, SOME STATISTICAL ANALYSIS, AND FIVE MONTHS OF OBSERVATION IN COURT. TWO FACTORS WERE FOUND TO BE CRUCIAL FOR CHOOSING THE METHOD OF DISPOSITION - THE STRENGTH OF THE PROSECUTION'S CASE AND THE SERIOUSNESS OF THE CASE IN TERMS OF THE PROBABLE PUNISHMENT ON CONVICTION. A TYPOLOGY OF CASES WAS DEVELOPED TO SHOW HOW PUBLIC DEFENDERS USE THESE FACTORS TO PREDICT CASE OUTCOMES. ADVERSARY TRIAL IS RECOMMENDED MAINLY IN THREE SITUATIONS WHERE THE RISKS OF TRIAL ARE LOW AND THE POSSIBLE GAINS ARE HIGH. FIRST, THERE IS THE 'LIGHT' CASE WHERE THERE IS 'REASONABLE DOUBT' THAT THE DEFENDANT COMMITTED ANY CRIME. THE SECOND SITUATION IS THE 'SERIOUS' CASE WHERE THERE IS A GOOD CHANCE OF CONVICTION AND WHERE A NON-STATE PRISON SENTENCE CANNOT BE OBTAINED THROUGH BARGAINING. THE THIRD INSTANCE IS A 'SERIOUS' CASE WHERE THERE IS 'REASONABLE DOUBT' THAT THE DEFENDANT WAS INVOLVED IN THE CRIME. (AUTHOR ABSTRACT)