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Instituting a No Plea Bargaining Policy

NCJ Number
179402
Journal
Prosecutor Volume: 33 Issue: 5 Dated: September/October 1999 Pages: 35-40
Author(s)
William L. Gibbons
Date Published
1999
Length
3 pages
Annotation
This article describes the implementation and effects of the no-plea-bargaining policy of the Memphis District Attorney's Office (Tennessee).
Abstract
In response to an increasing violent-crime rate, the Memphis District Attorney's Office instituted a no-plea-bargaining policy on indictments for certain violent crimes: murder, aggravated rape, and aggravated robbery. The intent of the policy was to hold those guilty of such crimes accountable to the extent possible and to deter others from committing these crimes. Defendants have two options upon being indicted: either plead guilty to the charge or go to trial on the charge. The deterrence objective has been aided by a public information campaign designed to make the policy known to all in the community. Publicity on the policy encompassed radio and television spots, newspaper ads, billboards, bus signs, and bumper stickers. The policy has resulted in more violent criminals spending more time imprisoned than would have been the case under a plea bargaining policy. It has not resulted in a significant increase in court caseloads so as to clog an over-loaded court system. Also, its supporters believe it has been a factor in a clear trend in fewer violent crimes in Memphis. Additionally, the policy has increased public confidence in the justice system.