IN ADDITION TO INFORMATION GATHERED IN INTERVIEWS WITH COURT PERSONNEL DURING SITE VISITS TO 40 OF THE NATION'S 3,100 JUDICIAL UNITS, THE ANALYSIS DRAWS ON EMPIRICAL DATA FROM SUCH SOURCES AS NATIONAL CRIME SURVEYS, UNIFORM CRIME REPORTS, AND NATIONAL STUDIES OF PAROLE OUTCOMES AND PLEA BARGAINING. AMONG THE MAJOR FINDINGS ARE THE FOLLOWING: (1) BY INFORMAL AGREEMENT, PROSECUTORS, DEFENSE COUNSEL, AND OFTEN JUDGES HAVE PLACED AN ARTIFICIAL QUOTA (LESS THAN 10 PERCENT) ON THE PROPORTION OF PENDING CRIMINAL CASES THAT REACH TRIAL; (2) NEITHER THE ACCUSED'S PRIOR RECORD NOR THE 'VICIOUSNESS' OF THE CURRENT OFFENSE EXERTS MUCH INFLUENCE ON THE NUMBER OR SERIOUSNESS OF CHARGES BROUGHT OR ON THE LIKELIHOOD THAT THE PROSECUTOR WILL ACCEPT A NEGOTIATED PLEA; (3) FEW PROSECUTORS TRY TO OBTAIN A CONVICTION FOR EACH CRIME IN WHICH A DEFENDANT IS KNOWN TO HAVE PARTICIPATED, MAKING IT ADVANTAGEOUS FOR SOPHISTICATED OFFENDERS (E.G., WHITE-COLLAR CRIMINALS) TO COMMIT MULTIPLE OFFENSES; (4) MOST PROSECUTORIAL DECISIONS ARE MADE BY UNDERQUALIFIED ASSISTANTS CONCERNED PRIMARILY WITH EXPEDITING CASES AND NOT ANNOYING PROMINENT DEFENSE ATTORNEYS; (5) JUDGES ARE OFTEN THE KEY FIGURES IN GUILTY PLEA NEGOTIATIONS, DESPITE ETHICAL AND EVEN STATUTORY PROSCRIPTIONS AGAINST ACTIVE JUDICIAL PARTICIPATION IN PLEA DISCUSSIONS; AND (6) JUDGES HAVE FAILED IN THEIR RESPONBILITY TO IMPOSE SENTENCES CONSISTENTLY AND FAIRLY. THAT FAR MORE CRIMINAL CASES ARE DISPOSED OF BY NEGOTIATION THAN BY TRIAL IS SEEN AS A FACTOR IN THE EMERGENCE AND ESCALATION OF CRIME WITHOUT PUNISHMENT, A SITUATION REFLECTED IN RISING RATES OF SERIOUS CRIME AND DECLINING OR CONSTANT RATES AND SEVERITY OF PUNISHMENT. RECOMMENDATIONS PERTAINING TO LIMITATIONS ON GUILTY PLEA NEGOTIATIONS AND TO JUDICIAL ADMINISTRATION ARE PRESENTED. SUPPORTING DATA AND DOCUMENTATION, A 17-PAGE BIBLIOGRAPHY, AND AN INDEX ARE PROVIDED. (LKM)