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STUDY OF PLEA BARGAINING IN LOCAL JURISDICTIONS - A SELF-STUDY MANUAL

NCJ Number
65928
Date Published
1978
Length
217 pages
Annotation
THIS MANUAL PROVIDES LOCAL U.S. JURISDICTIONS WITH THE METHODS AND TOOLS TO EXAMINE PLEA BARGAINING AND THE ROLES OF PARTICIPANTS IN THE PROCESS.
Abstract
THE FORMS, INSTRUMENTS, AND INTERVIEW SCHEDULES WERE DEVELOPED, ADMINISTERED, AND INTERPRETED OVER A 3-YEAR PERIOD DURING A NATIONAL STUDY WHICH AIMED TO DETERMINE WHETHER MORE CURRENT DATA WOULD PROVIDE NEW PERSPECTIVES ON PLEA BARGAINING. PUBLISHED AND UNPUBLISHED LITERATURE WERE REVIEWED, AND THE PRACTICES IN 20 JURISDICTIONS WERE EXAMINED. OF THE 20, INTENSE STUDIES WERE CONDUCTED AT 6 SITES TO OBTAIN INDEPTH PERSPECTIVES; PROJECT STAFF DISCOVERED THAT EACH JURISDICTION HAD UNIQUE PRACTICES OF PROCEDURES WHICH FREQUENTLY STEMMED FROM CUSTOMS OR PRACTICES UNRELATED TO THE LEGAL OR ADMINISTRATIVE STRUCTURE. AN EXPLANATORY SECTION, DRAWING ON THE RESULTS OF THE INDEPTH STUDIES, ILLUSTRATES POSSIBLE VARIATIONS IN PRACTICE AS THEY RELATE TO SUCH AREAS AS PLEA ACCEPTANCE IN COURT, THE DEGREE OF INTERNAL CONTROL THE CHIEF PROSECUTOR EXERCISES, THE RELATIONSHIP BETWEEN DIFFERENT ACTORS, AND THE GENERAL POLITICAL SITUATION. THE BULK OF THE MANUAL CONSISTS OF FOUR SETS OF RESEARCH TOOLS AND ACCOMPANYING INSTRUCTIONS FOR APPLYING THEM TO A LOCAL STUDY. THE TOOLS WERE CREATED TO OBTAIN HARD EMPIRICAL DATA AND PERCEPTIONS OF KEY ACTORS BASED ON THEIR EXPERIENCE IN THE CRIMINAL JUSTICE SYSTEM. A STUDY BASED ON THESE TOOLS IS EXPECTED TO PROVIDE DECISIONMAKERS WITH EVIDENCE ON WHICH POLICY DECISIONS COULD BE BASED. FOOTNOTES WITH REFERENCES ARE INCLUDED.