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NCJ Number: 66771 Add to Shopping cart Find in a Library
Title: SENTENCE-BARGAINING IN FEDERAL COURTS (FROM PLEABARGAINING, 1980, BY WILLIAM F MCDONALD AND JAMES A CRAMER - SEE NCJ-66765)
Author(s): J HAGAN; I N BERNSTEIN
Corporate Author: Lexington Books
United States of America
Date Published: 1980
Page Count: 15
Sponsoring Agency: Lexington Books
New York, NY 10022
US Dept of Health, Education, and Welfare
Rockville, MD 20857
Format: Document
Language: English
Country: United States of America
Annotation: U.S. ATTORNEYS' INCREASED INFLUENCE IN SENTENCE DETERMINATIONS HAS BOTH COERCIVE AND CREATIVE IMPLICATIONS, WITH A CAPACITY FOR BOTH CONSTRUCTIVE AND DESTRUCTIVE IMPACTS ON THE QUALITY OF CRIMINAL JUSTICE.
Abstract: SITE VISITS WERE MADE TO STUDY THESE IMPLICATIONS IN 10 FEDERAL DISTRICT COURTS, RESULTING IN ABOUT 200 HOURS OF OBSERVATIONS OF COURT PROCEEDING DIRECTLY OR INDIRECTLY RELATED TO COURT OUTCOME DECISIONS AND ABOUT 600 HOURS OF INTERVIEWS WITH COURT PERSONNEL RESPONSIBLE FOR DECISIONMAKING IN CRIMINAL CASES. IT WAS HYPOTEHESIZED THAT AS A U.S. ATTORNEYS' OFFICE BECOMES MORE PROACTIVE IN ITS ORIENTATION AND ALLOCATION OF RESOURCES, DISCUSSIONS OF SANCTIONING BECOME A MORE EXPLICIT PART OF THE BARGANING PROCESS. MAKING A U.S. ATTORNEY'S OFFICE MORE PROACTIVE IN ORIENTATION REQUIRES THE CREATION OF NEW TYPES OF CASES, PARTICULARLY REGARDING WHITE-COLLAR CRIME AND POLITICAL CORRUPTION FOR WHICH IT IS DIFFICULT TO DEVELOP THE TYPE OF EVIDENCE REQUIRED FOR SUCCESSFUL PROSECUTIONS. THUS, A MEANS MUST BE DEVELOPED FOR PRODUCING WITNESSES AND ENCOURAGING STIMULATING THEIR ASSISTANCE IN THE PROSECUTION OF A CASE' THE RANGE OF TECHNIQUES IS EXTENSIVE AND POTENTIALLY COERCIVE IN CHARACTER. ALTHOUGH THREATS OF COERCION ARE OMNIPRESENT IN PROSECUTORIAL NEGOTIATIONS, THEY ARE OF UNKNOWN CORRELATION WITH ACTUAL APPLICATIONS OF COERCION. NEVERTHELESS, THE POTENTIAL FOR COERCION DOES APPEAR TO BE MADE MORE EXPLICIT IN THE SENTENCE-BARGANING OF FEDERAL DISTRICT COURTS. EMPIRICAL RESOLUTION TO THE COERCION-CONCESSION ISSUE ITSELF IS FORTHCOMING. REFERENCES AND NOTES ARE INCLUDED. (MHP)
Index Term(s): Coercive persuasion of offenders; Corruption of public officials; District Courts; Plea negotiations; Prosecutorial discretion; Prosecutors; Sentencing/Sanctions; White collar crime
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=66771

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