CJ Admin Review- Plea Bargaining and Trials

historical roots of plea bargaining

• British system

• Emerged at dominant in 1920s

• Became political issue 1960s

• SCOTUS affirmed practice 1971

• 1973 federal commission recommended abolition by 1978; unsuccessful

issues with plea bargaining

• controversial

• discretion of judges and prosecutors

• judicial review and rejection

• trial tax

• confidence and legitimacy

trial tax

receiving about a 40% harsher sentence if you go forward with a trial rather than pleading guilty 

benefits of plea bargaining

• Resource management, flexibility, assumption of responsibility, protection of victims

• Resources and likely effects of abolition

• quick and efficient

criminal trials

• 5-10% of cases go to trial

• felonies, misdemeanors, adult offenders

• adversarial process

• both sides present case

• bench or jury trial

criminal trial processes

• Opening statement

• Prosecutors’ evidence, witnesses

• Defense rebuttal

• Closing arguments

• Judge’s instructions to jury

• discretion by jury

jury deliberation

• must reach unanimous decision —> could result in mistrial if not unanimous

• Verdict (if found); guilt “beyond a reasonable doubt” ?

• Judge strong incentives to get an efficient jury

trial issues

• adversarial issues

• incomplete information