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NCJ Number: 68470 Find in a Library
Title: NEGOTIATING THE GUILTY PLEA - A STUDY OF THE PROCESS OF FELONY CASE DISPOSITION IN ONE URBAN COURT SYSTEM
Author(s): K A FARR
Date Published: 1979
Page Count: 324
Sponsoring Agency: UMI Dissertation Services
Ann Arbor, MI 48106-1346
Sale Source: UMI Dissertation Services
300 North Zeeb Road
P.O. Box 1346
Ann Arbor, MI 48106-1346
United States of America
Type: Thesis/Dissertation
Language: English
Country: United States of America
Annotation: THIS STUDY ANALYZED THE PRACTICE OF NEGOTIATING THE GUILTY PLEA IN TERMS OF ITS RELATIONSHIP TO THE FUNCTIONAL NEEDS AND IDEAL GOALS OF THE COURT SYSTEM.
Abstract: THE RESEARCHER EXAMINED FELONY CASE DISPOSITION WITHOUT TRIAL IN ONE PACIFIC NORTHWEST URBAN COURT SYSTEM. RECORDS CONCERNING THE NATURE AND OUTCOMES OF FELONY DISPOSITIONS IN 1976 AND 1977 WERE RESEARCHED, ALONG WITH DATA ON THE FORMAL STRUCTURE, PROCEDURES, AND POLICIES OF THE COURT ORGANIZATION. INVERVIEWS WERE HELD WITH PROSECUTORS, PUBLIC DEFENDERS, AND JUDGES, AND THE RESEARCHER OBSERVED GUILTY PLEA HEARINGS AND NEGOTIATION CONFERENCES. THE BASIC ASSUMPTION OF THE STUDY WAS THAT CASE DISPOSITION THROUGH A BARGAINING PROCESS PROVIDES FOR BOTH FUNCTIONAL NEEDS AND IDEAL GOALS WHICH ARE NOT CLEARLY PROVIDED FOR IN THE TRIAL SYSTEM. IT WAS FOUND THAT THE MAJORITY OF CASES WERE SETTLED BY GUILTY PLEAS AND THE MAJORITY OF GUILTY PLEAS INVOLVED SOME KIND OF BARGAIN. THE DISTRICT ATTORNEY'S OFFICE WAS NOTICEABLY INFLEXIBLE IN TERMS OF BARGAINING CRITERIA, BUT IF THE DEFENSE COULD FIND LEGAL LOOPHOLES IN THE STATE'S CASE, THE CHANCES OF THE DEFENDANT GETTING A GOOD DEAL IMPROVED. PLEADING GUILTY TO A REDUCED CHARGE RESULTED IN THE GREATEST LIKELIHOOD OF A DEFENDANT RECEIVING A NONINCARCERATION SENTENCE. THE STUDY CONCLUDED THAT, GENERALLY, THE FINDINGS SUPPORTED THE ASSUMPTION THAT DISPOSITION BY GUILTY PLEA NEGOTIATION COULD FULFILL FUNCTIONAL NEEDS OF THE COURT SYSTEM WITHIN A LEGALISTIC FRAMEWORK. TABLES AND 57 REFERENCES ARE INCLUDED. APPENDIXES PROVIDE VARIABLE CODINGS, A DESCRIPTION OF THE FIELD RESEARCH MODEL, A SAMPLE QUESTIONNAIRE, AN OBSERVATION SCHEDULE, THE OREGON CRIMINAL PROCEDURE CODE, JOB DESCRIPTIONS, A SUMMARY PROFILE, AND DESCRIPTIVE STATISTICS. (AUTHOR ABSTRACT MODIFIED)
Index Term(s): Adult felony system; Court structure; Dispositions; Oregon; Plea negotiations; Prosecutorial discretion; Sentencing/Sanctions
Note: PORTLAND STATE UNIVERSITY - DOCTORAL DISSERTATION
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=68470

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