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NCJRS Abstract

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NCJ Number: 92735 Add to Shopping cart Find in a Library
Title: Plea Bargaining
Corporate Author: Hawaii Crime Cmssn
United States of America
Date Published: 1982
Page Count: 235
Sponsoring Agency: Hawaii Crime Cmssn
Honolulu, HI 96813
National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Language: English
Country: United States of America
Annotation: Hawaii needs written guidelines to govern all aspects of plea bargaining and should also require that a pretrial settlement conference be conducted within 3 weeks of arraignment if a case is to be plea bargained at all.
Abstract: The written guidelines would improve the public's confidence in the criminal justice system's ability to produce just results, because they would ensure that all plea bargaining decisions are made with public scrutiny. They would also ensure consistency and help minimize the influence of subjective factors in plea bargaining. Pretrial settlement conferences would promote judicial efficiency and accelerated case dispositions. Other needs are communication with the police and the victim and the use of written agreements. Each prosecutor should require that any plea bargain involving a felony be communicated to the police and the victim or victim's family before it becomes public knowledge. In addition, each prosecutor should require that all agreements made between the State and a defendant in a criminal proceeding be in writing and signed by the defendant, the defendant's counsel, the deputy prosecutor in charge of the case, and the prosecutor or prosecutor's designee. Adopting all of these recommendations would bring plea bargaining into the open and permit it to continue under standard terms and conditions. An analysis of several hundred felony cases that were disposed of in 1980 shows that plea bargaining is being properly handled in Hawaii, despite public concern. Nevertheless, these recommendations would improve the present system. An extensive analysis of the present system, footnotes, data tables, appendixes presenting a data collection instrument and written guidelines from other jurisdictions, and 91 references are provided.
Index Term(s): Hawaii; Plea negotiations
Note: Report to the Hawaii State Legislature
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