NCJ Number
59926
Journal
Law and Society Review Volume: 13 Issue: 2 Dated: SPECIAL ISSUE (WINTER 1979) Pages: 509-525
Date Published
1979
Length
17 pages
Annotation
A SYSTEM OF PLEA NEGOTIATIONS IS PROPOSED WHICH WOULD NEITHER VIOLATE DUE PROCESS RIGHTS NOR PRODUCE SENTENCES WHICH ARE UNJUSTIFIABLY LENIENT.
Abstract
THE UNDERLYING REQUIREMENT FOR SUCH A SYSTEM IS THAT PRETRIAL NEGOTIATIONS BE INFLUENCED SOLELY BY INFORMED PREDICTIONS OF COUNSEL AS TO THE LIKELY RESULT OF A FAIR TRIAL ON THE MERITS OF THE CASE. THE BARGAINING POSITION OF THE PARTIES SHOULD THUS BE BASED ON STRENGTHS AND WEAKNESSES OF THE CASE ITSELF, RATHER THAN ON UNEQUAL ACCESS TO INFORMATION OR UNEQUAL ABILITY TO HOLD OUT FOR TRIAL IN THE EVENT THAT A MUTUALLY SATISFACTORY SETTLEMENT COULD NOT BE REACHED. THE PROPOSED SYSTEM WOULD ENSURE THAT (1) DEFENDANTS ALWAYS HAVE THE CHOICE OF JURY TRIALS AT WHICH BOTH VERDICTS AND SENTENCES ARE DETERMINED SOLELY ON THE MERITS OF THE CASE, (2) DEFENDANTS BE REPRESENTED BY COMPETENT COUNSEL THROUGHOUT SUCH NEGOTIATIONS, (3) BOTH DEFENSE AND PROSECUTION HAVE EQUAL ACCESS TO RELEVANT EVIDENCE, AND (4) BOTH PARTIES POSSESS SUFFICIENT RESOURCES TO TAKE CASES TO TRIAL. SUCH FUNDAMENTAL REFORMS ARE MUCH EASIER TO ACHIEVE THAN THE TOTAL ABOLITION OF THE PRACTICE OF PLEA NEGOTIATION. FOOTNOTES AND REFERENCES ARE PROVIDED. (KCP)