Report Summary February 12, 1999
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Plea Bargaining
Does the widespread practice promote justice?
By Kenneth Jost

The vast majority of criminal cases in the United States end not in courtroom trials but in negotiated agreements between prosecutors and defense lawyers. Plea bargaining dates to the 1800s and has often been controversial. Law-and-order advocates say the practice lets criminals get lower sentences, while some defense lawyers and civil libertarians say it coerces defendants to give up their legal rights.. . . .

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Pro/Con
Should prosecutors be allowed to promise defendants leniency in return for testifying against an accused accomplice?

Pro Pro
Steven M. Cohen
New York City, and Former chief, violent gangs unit, U.S. Attorney's Office for the Southern District of New York. Written for The CQ Researcher, January 1999.
Larry Pozner
Criminal defense lawyer in Denver, Colo., and National Association President of Criminal Defense Lawyers. Written for The CQ Researcher, January 1999.


Spotlight

Most criminal cases in the United States are resolved by plea bargaining, whether the defendants are celebrities or unknown criminals, mob figures or disturbed teenagers.

Austin Offen Austin Offen

Austin Offen — The New York City man pleaded guilty on Jan. 6, 1999, immediately after jury selection in his second trial, to the reduced charge of first-degree assault for the racially charged beating of a black man during a brawl in a nightclub parking lot; due to be sentenced to 10 years in prison, he could have gotten a 39-year term.

Michael Carneal Michael Carneal

Michael Carneal — The Paducah, Ky., teenager pleaded guilty but mentally ill on Oct. 5, 1998, to three counts of murder and other charges stemming from the 1997 shooting at his school that left three students dead and five others wounded; sentenced on Dec. 16 to life imprisonment with no possibility of parole for 25 years, the maximum term permitted under Kentucky law for a juvenile.

Theodore J. Kaczynski Theodore J. Kaczynski

Theodore J. Kaczynski — The “Unabomber” pleaded guilty on Jan. 22, 1998, midway through trial, to 13 counts that centered on charges of transporting explosive devices with the intent to kill or maim; sentenced to four life terms; government accepted guilty plea with reprieve from death penalty as the only condition.

John J. D'Amico, Louis Ricco and Mario Antonicelli — Three reputed members of the Gambino crime family pleaded guilty on Jan. 11, 1999, to reduced racketeering charges in a plea bargain that will mean prison terms but no need to testify against the syndicate's acting boss, John J. Gotti Jr. D'Amico and Ricco were identified by prosecutors as Gambino capos or heads of crews; D'Amico pleaded guilty to a single count of illegal gambling and faces about two years in prison; Ricco pleaded guilty to one count of loan sharking and faces a minimum term of three years and 10 months; Antonicelli, a Gambino “soldier,” pleaded guilty to one count of loan sharking and will receive at least three years and five months; Gotti, 34, son of long-time crime boss John J. Gotti, now serving life without parole, is due to go on trial later this year on extortion and other charges.

Napoleon Douglas — The Mississippi parolee pleaded guilty in federal court in Wichita, Kan., on Nov. 19, 1996, to one count of conspiracy to distribute cocaine and five counts of money laundering and agreed to testify against co-defendant Sonya Singleton. His testimony helped convict Singleton on cocaine conspiracy and money-laundering charges; she was sentenced in fall 1997 to four years in prison. Douglas was sentenced to 60 months, to run concurrently with another sentence.

Marv Albert Marv Albert

Marv Albert — The nationally known sportscaster pleaded guilty on Sept. 25, 1997, midway through trial, to misdemeanor assault and battery for biting a 42-year-old Vienna, Va., woman during a sexual liaison; prosecutors dropped forcible sodomy charge, punishable by up to life imprisonment; placed on unsupervised probation, over prosecutors' objection; guilty plea vacated one year later and case dismissed.

Mark Fuhrman Mark Fuhrman

Mark Fuhrman — The former Los Angeles police detective pleaded no contest on Oct. 2, 1996, to a felony perjury charge for falsely denying during the O.J. Simpson trial that he had used a racial slur within the previous decade; sentenced to three-years' probation and fined $200; could have faced up to four years in prison.

Michael Fortier Michael Fortier

Michael Fortier — The Army buddy of Oklahoma City bomber Timothy McVeigh pleaded guilty on Aug. 10, 1995, to four counts, including transportation of stolen firearms, conspiracy to transport stolen firearms and misprision of a felony (knowing about a crime but failing to report it); agreed to testify against McVeigh and co-defendant Terry Nichols; faced up to 23 years in prison; sentenced on May 27, 1998, after completion of trials, to 12 years in prison; government also agreed not to prosecute Fortier's wife, Lois.


Document Citation
Jost, K. (1999, February 12). Plea-bargaining. CQ Researcher, 9, 113-136. Retrieved from http://library.cqpress.com/cqresearcher/
Document ID: cqresrre1999021200
Document URL: http://library.cqpress.com/cqresearcher/cqresrre1999021200


Issue Tracker for Related Reports
Criminal Sentencing
Nov. 05, 2004  Sentencing Debates
May 10, 2002  Three-Strikes Laws
Feb. 12, 1999  Plea Bargaining
May 26, 1995  Mandatory Sentencing
Jun. 14, 1974  Plea Bargaining
Feb. 13, 1937  Probation, Reformation, and Parole

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