LEGITIMATION OF PLEA BARGAINING - REMEDIES FOR BROKEN PROMISES

• NCJ Number: 10999
• Journal: American Criminal Law Review Volume: 11 Issue: 3 Dated: (SPRING 1973) Pages: 771-799
• Author(s): J M Smith; W P Dale
• Date Published: 1973
• Length: 29 pages
• Corporate Author: American Bar Assoc.
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

PROBLEMS AND INJUSTICES OF CURRENT PLEA BARGAINING PROCEDURES, AND DISCUSSION OF POSSIBLE SOLUTIONS.

Abstract

THE PROBLEMS OF UNKEPT BARGAINS, MISUNDERSTANDINGS AND MISREPRESENTATIONS ARE ROOTED IN THE SECRETIVE APPROACH WHICH COURTS AND PARTICIPANTS HAVE HISTORICALLY TAKEN TO PLEA NEGOTIATIONS. ITS PREVALENCE AND IMPORTANCE REQUIRE GREATER ATTENTION TO THE REALITIES OF PLEA BARGAINING. THE AUTHORS RECOMMEND ADOPTION OF PREVENTIVE MEASURES TO ELIMINATE MANY OF THE UNCERTAINTIES AND EXIGENCIES OF THE NEGOTIATED PLEA. ONE OF THESE MEASURES WOULD BE TO SET DOWN THE PLEA NEGOTIATIONS IN WRITING, DIVULGE THE RESULTS TO THE COURT, AND INCORPORATE THE WRITTEN AGREEMENT INTO THE OFFICIAL COURT RECORD. OTHER AREAS DISCUSSED ARE THEORIES OF RELIEF BASED ON STANDARDS OF VOLUNTARINESS AND PROCEDURAL FAIR PLAY, AND JUDICIAL PARTICIPATION IN PLEA NEGOTIATIONS. (AUTHOR ABSTRACT MODIFIED).