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PLEA BARGAINING: WHO GAINS? WHO LOSES?

NCJ Number
147177
Author(s)
W M Rhodes
Date Published
1978
Length
88 pages
Annotation
The impact of variables on plea bargaining is evaluated.
Abstract
There is disagreement in the criminal justice community regarding the utility and social desirability of plea bargaining as a means of disposing of criminal cases. This study, based on computerized prosecution data, investigates case processing in the District of Columbia and the ramifications of plea bargains. It focuses on four offenses in particular: assault, robbery, larceny and burglary. The study addresses two broad issues. The first involves assessing the benefits and disadvantages of plea bargaining to the prosecution, defendants and the public. The findings from multivariate analysis and descriptive tables are used to make predictions about the probability of conviction at trial and the likelihood of a certain sentence being imposed. The treatment received by defendants who pled guilty is then compared to the disposition they would probably have received had they gone to trial. The consequences of plea bargaining in terms of recidivism and future case processing is also examined. A second issue addressed concerns the reasons plea bargains occur. The impact of a number of variables that are commonly used to explain plea bargaining is tested. Among these are resource constraints, reducing uncertainty, mitigating circumstances in individual cases, predispositions and idiosyncracies of individual prosecutors, judges and defense attorneys. The author makes policy recommendations based on the research findings and indicates these recommendations are consistent with both a crime control and due process perspective of justice. 6 figures, 7 tables