NCJ Number
12128
Journal
CRIME AND CORRECTIONS Volume: 1 Issue: 1 Dated: (SPRING 1973) Pages: 5-10
Date Published
1973
Length
6 pages
Annotation
DESCRIPTION OF PLEA BARGAINING, ROLES OF THE PARTIES, AND AN ARGUMENT THAT THE PROCESS MAY BE DESTRUCTIVE OF CERTAIN FUNDUMENTAL RIGHTS OF THE ACCUSED.
Abstract
THE AUTHORS CONTEND THAT THIS TYPE OF NEGOTIATED JUSTICE DISCRIMINATES AGAINST THE LOWER CLASSES WHO, UNABLE TO MAKE BAIL, MAY BE WEAKENED BY A JAIL EXPERIENCE TO SUCH AN EXTENT THAT A 'DEAL' WILL SEEM ATTRACTIVE. IN ADDITION TO THIS CRITICISM, THEY ADD THAT THE PROCESS MAY DEPRIVE AN ACCUSED OF HIS RIGHT TO PLEAD NOT GUILTY, AND HIS RIGHT TO A JURY TRIAL. FINALLY, THE BLIND ACCEPTANCE OF THE BARGAIN AS PRESENTED TO THE COURT BY THE JUDGE MAY APPEAR TO THE DEFENDANT AS THE ULTIMATE FAILURE OF THE CRIMINAL JUSTICE SYSTEM. THE AUTHORS CONCLUDE THAT THE PURPOSE OF PLEA BARGAINING, TO ALLEVIATE CROWDED COURT DOCKETS, MIGHT BE BETTER SERVED BY REFORM OF THE CRIMINAL CODES.