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PHILOSOPHICAL, LEGAL, AND SYSTEMIC ASPECTS OF JUVENILE COURT PLEA BARGAINING

NCJ Number
145068
Journal
Crime and Delinquency Volume: 39 Issue: 4 Dated: (October 1993) Pages: 509- 527
Author(s)
J B Sanborn
Date Published
1993
Length
19 pages
Annotation
The issue of plea bargaining in juvenile court is explored.
Abstract
Interviews were conducted among 100 respondents who serve as prosecutors, public defenders, private counsels, probation officers, or judges in three juvenile courts. Results indicated that the incentives of plea bargaining in juvenile court far outweigh the obstacles. Most respondents (92 percent) rejected the notion that plea bargaining undermines the philosophy of the juvenile court. Thirty percent of the respondents offered a negative comment as well, usually along with a qualifying statement. A consensus would suggest that bans on plea bargaining in juvenile court could unnecessary complicate the process and even prove harmful to the interests of children. Its original purpose of reducing case backlog still applies. All parties can benefit from juvenile court plea bargaining, it appears to have taken the positive aspects of negotiation without the negative ones commonly associated with criminal court plea bargaining, perhaps due to the absence of pressures brought on by high stakes and jury trials. 4 tables, 2 appendixes, 6 endnotes, and 53 references