NCJ Number
59918
Journal
Law and Society Review Volume: 13 Issue: 2 Dated: SPECIAL ISSUE (WINTER 1979) Pages: 327-347
Date Published
1979
Length
21 pages
Annotation
THE EXPERIENCES OF ENDING PLEA NEGOTIATIONS IN EL PASO COUNTY, TEX., ARE FULLY DESCRIBED IN THIS ARTICLE. THE FINDINGS SUPPORT THE VIEW THAT JUDGES CAN IMPOSE SENTENCES WITHOUT BEING BOUND TO GET DEFENDANT APPROVAL.
Abstract
ALTHOUGH SOME HAVE ARGUED THAT PLEA NEGOTIATIONS HAVE RESULTED IN HARSH SENTENCES AND THE PUNISHMENT OF INNOCENT PEOPLE, EXPERIENCE HAS SHOWN THAT THEY HAVE LED TO LENIENT SENTENCES IN SPITE OF RISING CRIME RATES. IN ADDITION, THIS PROCESS HAS GENERATED PUBLIC ANGER, HAS RESULTED IN THE UNEQUAL ADMINISTRATION OF JUSTICE, AND HAS GIVEN EFFECTIVE SENTENCING POWER TO PROSECUTORS RATHER THAN TO JUDGES. A SENTENCING SYSTEM WAS INSTITUTED BY A JUDGE IN THE COUNTY COURTS OF EL PASO COUNTY, TEX., WHEREBY AN ATTEMPT WAS MADE TO FIT THE PUNISHMENT TO THE CRIMINAL INSTEAD OF TRYING TO REHABILITATE DEFENDANTS OR DETER FUTURE CRIME. THE OBJECTIVE WAS TO ENSURE THAT SOCIETY WAS PROTECTED FROM CRIMINALS WHILE HONORING THE DEFENDANT'S DUE PROCESS RIGHTS. A SENTENCING POINT SYSTEM WAS DEVELOPED WHICH ALLOWS JUDGES TO FOCUS ON FACTORS RELEVANT TO SENTENCING DECISIONS, ENABLES THE PUBLIC TO DETECT INSTANCES IN WHICH THESE FACTORS WERE NOT ADHERED TO, ALLOWS DEFENDANTS AND THEIR LAWYERS TO ESTIMATE THE TYPE OF SENTENCE LIKELY TO BE GIVEN, AND PERMITS DEFENDANTS TO WITHDRAW GUILTY PLEAS IF THE SENTENCING JUDGE INDICATES THAT HE CANNOT ADHERE TO THE SYSTEM'S SUGGESTED SENTENCE. DEFENDANTS ARE NOT COERCED INTO ACCEPTING THESE SENTENCES, SINCE THEY CAN ASK THAT JURIES IMPOSE THE SENTENCE. IN ORDER TO MEET THE CONTINUED PROBLEM OF COURT BACKLOGS, A SECOND SYSTEM WAS INSTITUTED IN WHICH THE PROBATION DEPARTMENT'S COURT SERVICES SECTION USED THE SENTENCING POINT SYSTEM IN ORDER TO MAKE PROBATION, DEFERRED PROSECUTION, AND SENTENCING RECOMMENDATIONS. ALTHOUGH A COMPARISON OF COURT STATISTICS FROM 1975 TO 1978 SUGGESTS THAT THIS SYSTEM HAS RESULTED IN A GROWING CASELOAD, IT HAS PROVIDED A MORE EQUITABLE SENTENCING PROCEDURE AND HAS INCREASED SOCIETAL CONTROL OF CRIME. STATISTICAL TABLES, FOOTNOTES, AND REFERENCES ARE INCLUDED. THE FORMS USED IN THESE TWO SYSTEMS ARE APPENDED. (KCP)