NCJ Number
125819
Journal
Alaska Justice Forum Volume: 7 Issue: 1 Dated: (Spring 1990) Pages: 1,6-10
Date Published
1990
Length
6 pages
Annotation
Despite the prohibition against plea bargaining between prosecutors and defense attorneys mandated by the Alaska Attorney General in 1975, this article maintains that plea bargaining does occur in that State, mainly taking the form of charge bargaining. Analyses contending that a substantial number of felony charges are reduced between initial charge and final disposition are substantiated through interviews conducted with lawyers, judges, district attorneys, and public defenders in several Alaskan cities.
Abstract
One analysis, using the Prosecutor Management Information System (PROMIS), indicates that over 30 percent of all convicted felons in Alaska were found guilty of lesser offenses than their initial charges. The study also finds that persons who went to trial received longer sentences than those who pled guilty. Another study suggests that a nolo contendre plea signifies that bargaining has occurred. The interviewees seem to agree that charge bargaining is very common in the cities and occurs even more frequently in rural areas, where it is more difficult to prepare cases. The questions asked by the interviewer focused on how the respondents knew there was plea bargaining, what kinds of bargains were being made, and how the personal views of judges affect sentencing. However, unique Alaskan characteristics including the sense of cohension in the system, the pressures for uniformity in sentencing, and the change in economic conditions make it difficult to extrapolate findings from Alaska to other States.