skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 49571 Add to Shopping cart Find in a Library
Title: PLEA BARGAINING - WHO GAINS? WHO LOSES?
Author(s): W M RHODES
Corporate Author: INSLAW
United States of America
Date Published: 1978
Page Count: 94
Sponsoring Agency: INSLAW
Washington, DC 20005
National Institute of Justice/
Rockville, MD 20849
US Dept of Justice
Washington, DC 20531
Grant Number: 74-NI-99-0008; 75-NI-99-0111; 76-NI-99-0118; 77-NI-99-0060
Publication Number: 14
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Language: English
Country: United States of America
Annotation: VARIOUS ASPECTS OF PLEA BARGAINING ARE EXAMINED, WITH ATTENTION TO EQUITY, DUE PROCESS, AND ALTERNATIVES TO PLEA BARGAINING.
Abstract: AN INTRODUCTION EXPLAINING THE PLEA BARGAINING PROCESS IS PROVIDED. MACRO- AND MICROPERSPECTIVES ON THEORETICAL MODELS OF THE CRIMINAL JUSTICE SYSTEM ARE DISCUSSED, AS ARE NORMATIVE MODELS. EMPIRICAL FINDINGS FROM OTHER STUDIES ARE NOTED, AND A DISCUSSION OF ETHICAL ISSUES IS PROVIDED. THE RESEARCH METHODOLOGY OBJECTIVES, AND THE ISSUES TO BE EXAMINED ARE OUTLINED ALONG WITH THE CRITERIA FOR THEIR SELECTION. THE ANALYTICAL FRAMEWORK IS NOTED. AN OVERVIEW OF CASE PROCESSING IS PRESENTED: THE PROCESSING OF CRIMINAL CASES IN THE DISTRICT OF COLUMBIA SUPERIOR COURT IS DISCUSSED, AND A FLOW DIAGRAM DETAILING THE AGGREGATE NUMBER OF CASES IS PROVIDED. COMPARABLE CASE FLOWS ARE ALSO PROVIDED FOR THE FOLLOWING INDIVIDUAL OFFENSES: ASSAULT, ROBBERY, LARCENY, AND BURGLARY. THE QUESTION OF WHO GAINS AND WHO LOSES IN THE PLEA BARGAINING PROCESS IS DISCUSSED WITH A FOCUS ON: (1) SENTENCING IN THE CRIMINAL COURTS; (2) PREDICTED SENTENCES FOR DEFENDANTS CONVICTED BY PLEA OR DISMISSED; (3) THE PROBABILITY OF CONVICTION AT TRIAL; (4) ESTIMATED PROBABILITIES OF CONVICTION AT TRIAL; (5) EXPLANATIONS OF PLEA AND DISMISSAL DISPOSITIONS; AND (6) THE COSTS AND BENEFITS OF PLEA DISPOSITIONS IN THE DISTRICT OF COLUMBIA COURTS. RELEVANT ASPECTS OF THE THEORETICAL MODELS SUMMARIZED IN THE FIRST SECTION ARE DISCUSSED TO EXPLAIN THE GUILTY PLEA PROCESS. THE FOLLOWING CONCERNS ARE EXAMINED: THE IMPACT OF RESOURCE CONSTRAINTS ON CASE DISPOSITION; REDUCING UNCERTAINTY; MITIGATING CIRCUMSTANCES; AND INDIVIDUAL PROCLIVITIES OF PROSECUTORS, DEFENSE COUNSEL, AND JUDGES. FINALLY, TESTABLE HYPOTHESES RELATING TO CRIME CONTROL AND DUE PROCESS CONCERNS ARE PRESENTED, WITH EMPHASIS ON FACTUAL GUILT, LEGAL INNOCENCE, POLICY IMPLICATIONS FOR CONFLICT RESOLUTION, AND WEIGHING CRIME CONTROL AND DUE PROCESS CONSIDERATIONS. TECHNICAL MATERIALS RELATING TO SENTENCING, THE PROBABILITY OF CONVICTION, RECIDIVISM, WORKLOADS, CASE DISPOSITIONS, AND REASONS UNDERLYING GUILTY PLEAS ARE APPENDED. GRAPHIC AND TABULAR DATA ARE PROVIDED, AND REFERENCES ARE INCLUDED. (KBL)
Index Term(s): Dispositions; District of Columbia; Models; Plea negotiations; Pleas; Right to Due Process; Sentencing/Sanctions
Note: PROMIS (PROSECUTOR'S MANAGEMENT INFORMATION SYSTEM) RESEARCH PROJECT
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=49571

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.