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NCJ Number: 39772 Find in a Library
Title: TRIAL JUDGE'S ROLE IN PLEA BARGAINING, PART I
Journal: COLUMBIA LAW REVIEW  Volume:76  Issue:7  Dated:(NOVEMBER 1976)  Pages:1059-1154
Author(s): A W ALSCHULER
Corporate Author: Columbia University
School of Law
United States of America
Date Published: 1976
Page Count: 96
Sponsoring Agency: Columbia University
New York, NY 10027
Format: Article
Language: English
Country: United States of America
Annotation: AN ANALYTIC DISCUSSION OF THE TYPES OF PLEA BARGAINING, ARGUMENTS FOR AND AGAINST JUDICIAL PARTICIPATION, AND RATIONALES FOR BARGAINING.
Abstract: AUTHOR'S COMMENTARIES ON JUDICIAL PARTICIPATION IN PLEA BARGAINING COVER SYSTEMS IN WHICH PROSECUTORS COMPLETELY DOMINATE PLEA BARGAINING AND JUDGES DO NOT PARTICIPATE; SYSTEMS IN WHICH THERE IS NO EXPLICIT BARGAINING BUT TO THOSE DEFENDANTS WHO DO NOT TAKE THEIR CASES TO TRIAL; SYSTEM IN WHICH JUDGES PARTICIPATE BUT AVOID SPECIFIC PROMISES. ARGUMENTS THAT JUDGES WOULD HAVE DIFFICULTY BEING IMPARTIAL IN CASES WHERE THEY HAVE PARTICIPATED IN THE BARGAINING ARE ANALYZED. SUGGESTED REFORMS FOR THE IMPROVEMENT OF THE ENTIRE PLEA BARGAINING SYSTEM INCLUDE MORE JUDICIAL CONTROL OF SENTENCING PROMISES, NEGOTIATION IN THE DEFENDANT'S PRESENCE AND NEGOTIATION BASED ON THE SENTENCE TO BE IMPOSED RATHER THAN ON THE NUMBER AND LEVEL OF CHARGES....TWH
Index Term(s): Judicial conduct and ethics; Judicial discretion; Multiple charges; Plea negotiations
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=39772

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