Citation

Felkenes GT. J. Crim. Justice 1976; 4(2): 133-145.

Copyright

(Copyright © 1976, Elsevier Publishing)

DOI

10.1016/0047-2352(76)90062-3

PMID

unavailable

Abstract

The proposed standards of the American Bar Association and the National Advisory Commission on Criminal Justice Standards and Goals are expressed in an ideal perspective, compared with the reality of plea bargaining use by prosecutors. Fifty-five prosecutors were randomly selected from four countries in two states, and a standardized questionnaire was administered to the subjects. The majority of the sample indicated an essential need for plea bargaining to administratively ensure justice in the criminal courts. The American Bar Association maintains that administrative efficaciousness is a minute consideration in justifying plea bargaining as a legal institution. Standards proposed by the federal Task Force on Courts contend that plea bargaining is an unnecessary adjunct to the formal legal process. Either of the proposed standards would, if adopted, definitely activate participant roles in a formally operated legal environment.