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PLEA BARGAINS, CONCESSIONS AND THE COURTS - ANALYSIS OF A QUASI-EXPERIMENT

NCJ Number
45425
Journal
Law and Society Review Volume: 10 Issue: 3 Dated: (SPRING 1976) Pages: 377-401
Author(s)
T CHURCH
Date Published
1976
Length
24 pages
Annotation
THIS STUDY ASSESSES THE IMPACT OF SELECTIVE ELIMINATION OF ONE FORM OF PLEA BARGAINING ON THE COURT SYSTEM OF A LARGE UNIDENTIFIED SUBURBAN COUNTY IN THE MIDWEST.
Abstract
A QUASI-EXPERIMENTAL RESEARCH SITUATION WAS UNINTENTIONALLY PROVIDED WHEN, AFTER AN ANTI-DRUG ELECTION CAMPAIGN, A NEWLY ELECTED COUNTY PROSECUTING ATTORNEY INSTITUTED A STRICT POLICY FORBIDDING CHARGE REDUCTION PLEA BARGAINING IN DRUG SALE CASES. ONCE A WARRANT FOR THE FELONY OF DELIVERY OF A CONTROLLED SUBSTANCE WAS ISSUED, THE ASSISTANT PROSECUTOR IN CHARGE OF THE CASES COULD UNDER NO CIRCUMSTANCES LOWER THE CHARGE. THE SITUATION PROVIDED AN OPPORTUNITY TO ASSESS HOW A FUNDAMENTAL CHANGE IN GROUND RULES AFFECTED THE INTERRELATIONSHIPS OF THE VARIOUS COURT PARTICIPANTS. PRIOR TO THE NEW POLICY, THE MAJORITY OF CRIMINAL CASES WERE DISPOSED OF WITHOUT TRIAL AFTER NEGOTIATION BETWEEN ASSISTANT PROSECUTOR AND DEFENSE ATTORNEY. JUDGES WERE SELDOM INVOLVED IN THE PROCESS EXCEPT TO RATIFY THE FINAL AGREEMENT. DISPOSITIONAL INFORMATION WAS OBTAINED ON DRUG CASES FOR 1972, THE LAST YEAR PLEA-BARGAINING WAS ALLOWED, AND 1973, THE FIRST YEAR OF THE PROHIBITION. BY THE END OF 1973, REDUCED-CHARGE GUILTY PLEAS -- THE PREDOMINANT MODE OF DISPOSITION IN 1972 -- WERE ALMOST TOTALLY ELIMINATED. THE TRIAL RATE INCREASED GREATLY, AND THE TOTAL PROPORTION OF CASES DECIDED THROUGH PLEAS OF GUILTY FELL CONSIDERABLY. BARGAIN JUSTICE CONTINUED, HOWEVER. THE EMPHASIS SHIFTED FROM REDUCTION IN CHARGE, WHICH THE PROSECUTOR COULD AFFECT, TO REDUCTION IN SENTENCE FOR A GUILTY PLEA, WHICH ONLY THE JUDGE COULD DECIDE. OTHER TOOLS FOR THE PROSECUTOR IN INDUCING PLEAS DID REMAIN. THE PROSECUTOR COULD DECIDE WHETHER TO CHARGE A REPEATER UNDER THE HABITUAL OFFENDERS STATUTE, TO DROP OTHER CHARGES PENDING AGAINST THE DEFENDANT, OR TO RECOMMEND A HARSH SENTENCE TO THE PROBATION DEPARTMENT FOR INCLUSION IN THEIR PRESENTENCE REPORT. DEFENSE ATTORNEYS CRITICIZED THE POLICY BECAUSE IT CAUSED THEM DIFFICULTIES IN DEALING WITH THEIR CLIENTS; IN RETURN FOR THEIR FEE THEY HAD BEEN EXPECTED TO NEGOTIATE WITH THE PROSECUTOR FOR REDUCED SENTENCES. IT WAS FOUND THAT PLEA BARGAINING IS DIFFICULT TO ELIMINATE BECAUSE IT REDUCES THE UNCERTAINTIES AND RISKS INHERENT IN A TRIAL FOR ALL COURT PARTICIPANTS, INCLUDING THE DEFENDANT. ALLEVIATION OF THIS UNCERTAINTY IS IMPORTANT FOR ALL CONCERNED. (VA)

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