NCJ Number
10621
Journal
Trial Volume: 9 Issue: 3 Dated: (MAY/JUNE 1973) Pages: 22 & 43
Date Published
1973
Length
2 pages
Annotation
THE UNITED STATES DISTRICT COURT JUDGE FOR THE DISTRICT OF MASSACHUSETTS ARGUES AGAINST THE USE OF PLEA BARGAINING AND JUDICIAL PARTICIPATION IN THE PROCESS.
Abstract
THE MAIN OBJECTION TO PLEA BARGAINING FOR THIS AUTHOR IS THAT IT ENHANCES THE POSSIBILITY THAT AN INNOCENT PERSON MIGHT PLEAD GUILTY TO AVOID THE DEATH PENALTY, OR TO AVOID LENGTHY INCARCERATION. OPPOSITION TO JUDICIAL PARTICIPATION IN THE PLEA BARGAINING SYSTEM IS BASED ON A BELIEF THAT SENTENCING IS WITHIN THE JUDGE'S DISCRETION AND SHOULD NOT BE SUBJECT TO OUTSIDE CONTROLS. THIS JUDGE ARGUES THAT A DEFENDANT IS NOT ENTITLED TO KNOW WHAT SENTENCE HE WILL RECEIVE BEFORE PLEADING TO A CHARGE.