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NCJ Number: 50805 Find in a Library
Title: PLEA NEGOTIATION AND ITS EFFECTS ON SENTENCING
Journal: FEDERAL BAR JOURNAL  Volume:37  Issue:1  Dated:(WINTER 1978)  Pages:61-75
Author(s): J J CLEARY
Corporate Author: Federal Bar Assoc
United States of America
Date Published: 1978
Page Count: 15
Sponsoring Agency: Federal Bar Assoc
Washington, DC 20006
Format: Article
Language: English
Country: United States of America
Annotation: THE IMPACT OF PLEA NEGOTIATION ON THE FEDERAL CRIMINAL JUSTICE SYSTEM IS ASSESSED, WITH ATTENTION TO THE CONSTITUTIONAL BASIS, PROCEDURES, AND MECHANICS OF PLEA BARGAINING AND TO EXISTING SENTENCING ALTERNATIVES.
Abstract: FOLLOWING AN OVERVIEW OF THE ROLES PLAYED BY THE DEFENSE, PROSECUTION, AND JUDICIARY IN PLEA NEGOTIATIONS, SUPREME COURT DECISIONS AND FEDERAL RULES ARE CITED TO HIGHLIGHT THE CONSTITUTIONAL BASIS AND THE APPLICABLE FEDERAL PROCEDURES REGARDING PLEA NEGOTIATIONS. THE ACTUAL MECHANICS OF PLEA BARGAINING ARE DISCUSSED, SUCH AS THE ENTRY OF A GUILTY PLEA TO A DIFFERENT OFFENSE CARRYING LESSER PENALTY PROVISIONS BUT NOT CONSIDERED A LESSER INCLUSIVE OFFENSE (E.G., A DEFENDANT CHARGED WITH MAIL THEFT PLEADS GUILTY TO OBSTRUCTING THE MAIL. THE BROAD RANGE OF DISPOSITION AND SENTENCING ALTERNATIVES WHICH MIGHT BE CONSIDERED DURING PLEA NEGOTIATION INCLUDE PREVENTION OF THE FILING OF THE COMPLAINT OR CHARGE, INFORMAL DEFERRED PROSECUTION, FORMAL DEFERRED PROSECUTION, FORMAL OR INFORMAL DEFERRED PROSECUTION WITH A GUILTY PLEA, DEFERRED SENTENCING AND EXPUNGEMENT OF RECORDS, JUDGMENT HOLD, FINES, PROBATION, SPLIT SENTENCE, COMMITMENT FOR PRESENTENCE STUDY, SENTENCE OF 1 YEAR OR LESS, 'B' NUMBER SENTENCE PAROLE RELEASE WITH NO MINIMUM TIME SERVED FOR A DEFENDANT SENTENCED TO A TERM EXCEEDING (1 YEAR), GENERAL PAROLE PROVISIONS, STATUTORY GOOD TIME, THE YOUTH CORRECTIONS ACT, THE NARCOTICS ADDICT REHABILITATION ACT, THE FEDERAL JUVENILE DELINQUENCY ACT, AND SUCH SPECIAL CONSIDERATIONS AS PRESENTENCE CREDIT, SPECIAL PAROLE TERMS, MOTIONS TO REDUCE, AND CONSECUTIVE OR CONCURRENT SENTENCES. PROPOSED FEDERAL CRIMINAL CODE SENTENCING PROVISIONS AND THE EVALUATION, BY PARTICIPATING COUNSEL, OF THE PROS AND CONS OF INDIVIDUAL PLEA NEGOTIATIONS ARE CONSIDERED; IT IS ARGUED THAT WHILE THE PROPOSED REFORMS WOULD CONTROL JUDGE'S DISCRETION, THAT OF THE PROSECUTORS IN THE CHARGING PROCESS WOULD REMAIN UNBRIDLED. IT IS CONCLUDED THAT PLEA BARGAINING IS AN EVIL PROCESS WHICH MUST BE TOLERATED IN ORDER TO AVOID A BREAKDOWN IN A CRIMINAL JUSTICE SYSTEM INCAPABLE OF HANDLING THE CASEFLOW THAT WOULD RESULT IF MORE THAN 15 PERCENT OF ALL FEDERAL CASES WENT TO TRIAL. REFERENCES ARE FOOTNOTED. (KBL)
Index Term(s): Federal Code; Judicial discretion; Law reform; Plea negotiations; Prosecutorial discretion; Sentencing/Sanctions
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=50805

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