NCJ Number
19955
Date Published
1974
Length
106 pages
Annotation
RESULTS OF A STUDY UNDERTAKEN TO DETERMINE WHETHER THE MARCH 27, 1974 NEW JERSEY PROHIBIITION OF PLEA BARGAINING IN THE MUNICIPAL COURTS SHOULD CONTINUE OR WHETHER SOME FORM OF PLEA-BARGAINING SHOULD BE ALLOWED.
Abstract
IN ORDER TO STUDY THOROUGHLY THE IMPLICATIONS OF PLEA BARGAINING AND THE PROHIBITION, THE NATIONAL CENTER FOR STATE COURTS CONDUCTED AN IN-DEPTH EXAMINATION OF A SPECIFIC CATEGORY OF CASE FOR SEVERAL YEARS, BOTH BEFORE AND DURING THE TIME THE PROHIBITION WAS IMPOSED. THE OFFENSES OF DRIVING WHILE INTOXICATED AND DRIVING WHILE IMPAIRED WERE EXAMINED FOR THE MONTH OF MAY FOR 1972, 1973, AND 1974. THE STUDY CONSISTED OF LEGAL RESEARCH, FIELD INTERVIEWS, QUESTIONNAIRE SURVEY RESEARCH, AND AN ANALYSIS OF RELEVANT STATISTICAL DATA. THE RESULTS OF THE FIELD INTERVIEWS OF JUDGES AND AN ANALYSIS OF THE DRIVING WHILE INTOXICATED OR IMPAIRED OFFENSES ARE INCLUDED IN THIS REPORT. IT WAS NOTED THAT OF THE 38 MUNICIPAL JUDGES INTERVIEWED, 12 FAVORED A CONTINUATION OF THE PROHIBITION WHILE 26 FAVORED REMOVAL OF THE PROHIBITION. THIS REPORT RECOMMENDS THAT THE PRESENT PROHIBITION AGAINST PLEA BARGAINING IN THE MUNICIPAL COURT BE CONTINUED. FOR THE FOLLOWING REASONS: MUNICIPAL COURT JUDGESHIPS, AS PRESENTLY STRUCTURED, DO NOT SUFFICIENTLY INSULATE JUDGES FROM THE PRESSURES OF LOCAL POLITICAL LIFE AND OF TIME DEMANDS FOR PRIVATE ACTIVITIES; LOCAL PROSECUTORIAL SERVICES, AS PRESENTLY STRUCTURED, ARE ALSO TOO CLOSELY TIED TO THE MUNICIPALITIES, ARE OFTEN UNAVAILABLE TO THE MUNICIPAL COURTS, AND ARE UNABLE TO SCREEN COMPLAINTS FOR DRUNK DRIVING CASES; AND THE ADMINISTRATIVE STRUCTURE OF THE MUNICIPAL COURTS, INDIVIDUALLY AND AS A GROUP, IS SERIOUSLY DEFECTIVE. (AUTHOR ABSTRACT MODIFIED)