Animated by fact and the moral vitality that has distinguished urban novelists from dickens through algren, courtroom 302 is a compelling account of the brutal reality that passes for justice in america. Alschulert the process of plea bargaining is not one which any student of the subject regards as an ornament to our system of justice. Stuart dybek courtroom 302 is insightful and a pleasure to read. In exchange for their plea, the defendants get an easier sentence, often on a lesser charge. To see what your friends thought of this book, please sign up. The judge does share many of his thoughts which bogira throughout most of the cases that are presented before him. Berman for judges, the primary incentive to accept plea bargains is to move along their crowded calendars.
The author spent one year observing the activity in this particular courthouse in chicago. They have also been increasing in frequencythey rose from 84% of federal cases in 1984 to 94% by 2001. Otherwise, according to howard merker of the county prosecutors office, plea bargaining is based on the states recommended sentencing guidelines. The book courtroom 302 has brought an even different side of thinking into this. Milton heumanns book, plea bargaining, strongly and explicitly attacks the casepressure argument and suggests an alternative explanation for plea bargaining based on the adaptation of attorneys and judges to the local criminal court. Throughout the courtroom tales, bogira weaves a picture of a justice system in which the ultimate goal is to dispose of cases, rather than serve justice. It is understood to serve the interest of judicial economy, although it is often pursued to secure the cooperation of defendants. Similarly, federal judges may not be directly involved in plea bargain negotiations. He watches all of the actions and different trials that come and go in the courtroom 302.
A year behind the scenes in an american criminal courthouse kindle edition by bogira, steve. Courtroom context of plea bargaining clark d cunningham. Moving cases along, and making sure that theres room in the jails and prisons for truly bad actors, are two reasons why plea bargaining is part of the system. Courtroom 302 is the story of one year in one courtroom in chicagos cook county criminal courthouse, the busiest felony courthouse in the country.
Bogiras courtroom 302but i think they are on point. Steve bogira s riveting book takes us into the heart of americas criminal justice system. He presents many different cases throughout the book which gives more insight then just a single case. Most of the cases are just plea bargained to make room for the next one. This paper can be downloaded without charge from the. The book is a significant and welcome addition to the literature. Jul, 2005 farai chideya talks with journalist and author steve bogira about his book courtroom 302. The plea bargaining process in the current criminal justice system the plea bargaining process supports the criminal justice system by helping the judges manage their caseloads in a quicker manner. Courtroom 302 is a dispassionate work of journalistic precision, a smart, subtle broadside against a criminal justice system that feeds upon the poor and dispossessed. For example, federal judges retain final authority over sentencing decisions, and are not bound by prosecutors recommendations, even if the recommendations are part of plea bargains.
Dashs assertions about plea bargaining were not quite so broad as those of the other sources, but he did seem to confuse plea bargaining with simple jury nullification and, remarkably, to rely on. But, usually what is a standard deal on particular types of cases, such as drug possession or drug sales, depends more on geographic location than on any other single factor. Rehnquist the present state of affairs was brought about by willingness to reduce. He goes into the courtroom 302 whose judge is judge daniel locallo, a former prosecutor. Reprinted from inside plea bargaining chapter two 1984. Steve bogiras riveting book takes us into the heart of americas criminal justice system. From the daily grind of the court to the highestprofile case of the year, steve bogira s masterful investigation raises fundamental issues of race, civil rights, and justice in america. Farai chideya talks with journalist and author steve bogira about his book courtroom 302. On the surface, the courtroom appears disorganized. While the stories of courtroom 302 as bogira tells them are.
Plea bargaining justice off the record, 9 washburn l. We are introduced to the world of plea bargaining and the trial tax. The author begins courtroom 302 with a scene in chicagos cook county courthouse on 26th street in the late 1990s. Pdf courtroom 302 a year behind the scenes in an american. Why judges and prosecutors engage in plea bargaining nolo. The plea bargaining process in the current criminal justice system. Plea bargaining is a negotiation in which a defendant agrees to plead guilty to a criminal charge and in exchange gets concessions from the state prosecutor. The book goes into detail about the criminal court in chicago. Plea bargainingjustice off the record, 9 washburn l.
Amidst the daily grind of the courtroom, 1998 also was a reelection year for judge locallo. Plea bargains are subject to the approval of the court, and. A plea bargaining, also called a plea agreement or negotiated plea, is an alternative and consensual way of criminal case settlement. A statute, case law or policy that prohibits plea bargaining or reducing an alcoholrelated offense to a nonalcohol related offense. In the books most extended and suspenseful subplot, locallo. We see the system through the eyes of the men and women who experience it, not only in the courtroom but in the lockup, the jury room, the judges. Law that makes it illegal to operate a motor vehicle at or above. Each case has a different setting, from racial discrimination, to plea bargaining. Bogira not only sat through the trial, plea deals, sentencings, and motions, but he also interviewed all of the players, from the judge down through the defendants, witnesses, prosecutors and defense attorneys, as well as.
Plea bargaining, in law, the practice of negotiating an agreement between the prosecution and the defense whereby the defendant pleads guilty to a lesser offense or in the case of multiple offenses to one or more of the offenses charged in exchange for more lenient sentencing, recommendations, a specific sentence, or a dismissal of other charges. Courtroom 302 is a detailed and disturbing look into the criminal justice system in america. Bogira observes a courtroom courtroom 302, and basically the entire justice system process from beginning to end. Download 6page term paper on american criminal courthouse by steve bogira 2020. The waste of an unenforceable drug prohibition, the numbercrunching senselessness of assemblyline plea bargaining, the willful blindness by judges, lawyers and sheriffs deputies to the very human element itselfall of it is rendered through the careful and honest examination of one chicago courtroom.
Douglas maynard department of sociology university of wisconsin. Those who are not attracted to the criminal justice system will not enjoy this insiders look into the law. Bogira, as a chicago native and longtime writer for the chicago reader, is a social justice advocate and focuses much of his work on poverty and segregation. Results page 28 for plea bargaining essay bartleby. The courtroom context of plea bargaining springerlink. Courtroom 302 steve bogira paperback books online raru. Courtroom 302 a year behind the scenes in an american criminal. The courtroom that bogira observes is in the control of judge daniel locallo. A plea bargain is an agreement between a defendant and a prosecutor, in which the defendant agrees to plead guilty or no contest nolo contendere in exchange for an agreement by the prosecutor to drop one or more charges, reduce a charge to a less serious offense, or recommend to the judge a specific sentence acceptable to the defense as criminal courts become ever more crowded. Courtroom 302 is the fascinating story of one year in chicagos cook county criminal courthouse, the busiest felony courthouse in the country. Alternatives to the plea bargaining system albert w. There is, therefore, wide range of criminal justice issues, which may include sentencing, plea bargaining, prosecutorial discretion, racial discrimination, and misconduct from police, judicial corruption, to mention just a number.
Bogira retells the history of police coverups and coerced confessions in cook county. Specifically, it will contain a book report on the book. Stuart dybekcourtroom 302 is insightful and a pleasure to read. The book courtroom 302, written by steve bogira in 2005, is about the criminal courts in chicago, il. Scott sundby in his recent book, a life and death decision. Download it once and read it on your kindle device, pc, phones or tablets. The book is written by steve bogira, a reporter for the chicago reader a. In baltimore county, maryland there is no plea bargaining for handgun crimes or for dwi cases with a bac over. But the process itself is not unconstitutional, nor does it violate a defendants rights. Its the courthouse as a sort of bargain basement where judges and. In garden city, misdemeanor plea bargaining is conducted in a busy public courtroom where, simultaneously, defendants enter pleas, defense attorneys talk with clients, and a host of other conversations and activities take place. Plea bargain wex us law lii legal information institute.
The plea bargain, in short, is an agreement made between the defense and the prosecutor in a criminal case if approved by the court where the defendant usually pleads guilty to a lesser offense or to only some of the counts against them in return for a lighter sentence. Bogira not only sat through the trial, plea deals, sentencings, and motions, but he also interviewed all of the players, from the judge down through the defendants, witnesses, prosecutors and defense attorneys, as well as outsiders involved in the cases. Courtroom 302 is the fascinating story of one year in chicagos cook. A year behind the scenes in an american criminal courthouse by steve bogira knoph, 2005 the author sat in one criminal courtroom in chicago for a year and recorded what he saw. The defendant waives his or her right to a full trial and so loses any chance for acquittal, often avoiding a conviction on a more serious charge and with it a more severe sentence. Plea bargaining is rife with unfair prosecutorial tactics, and it needs reform. Here we see the system through the eyes of the men and women who experience it, not only in the courtroom but in the lockup, the jury room, the judges chambers, the spectators gallery. Written in 2005, courtroom 302 is a journalists view behind the scenes in a year spent in a chicago criminal courtroom. List of books and articles about plea bargaining online. Implementing the criminal defendants right to trial. Plea bargaining is a significant part of the criminal justice system in the united states. Plea bargaining is a procedure within a criminal justice system whereby prosecutors and defendants negotiate a plea and dispose of a case before trial.
A year behind the scenes in an american criminal courthouse by steve bogira. The fraud advisory panel, for example, has long argued for a. Plea bargaining in the united states is very common. In courtroom, there are various stages that are followed when dealing with cases related to criminal process. Courtroom 302 obviously is a book for a specialized audience. Feb 14, 2006 steve bogiras courtroom 302 is such a book. We see the system through the eyes of the men and women who experience it, not only in the courtroom but in the lockup, the jury.
A year behind the scenes in an american criminal courthouse. Courtroom 302 is story told mainly from through steve bogiras observations. In defense of plea bargaining by timothy sandefur ssrn. Some courts and prosecutors have standard policies. Bogira observes a courtroom courtroom 302, and basically the entire justice system process from beginning. A guilty plea can be wrapped up in approximately 20 minutes, where a jury trial usually takes any. Courtroom 302is the fascinating story of one year in chicagos cook county criminal courthouse, the busiest felony courthouse in the country. In most jurisdictions, however, judges role in plea bargaining is limited. The state, meanwhile, avoids the costs of a lengthy trial. A plea agreement means settlement of case without main hearing when the defendant agrees to plead guilty in exchange for a lesser charge or for a more lenient sentence andor for dismissal of certain related charges. Plea bargaining is a set of exchange relationships in which the prosecutor, the defense attorney, the defendant, and sometimes the judge participate true in a workgroup, the participants share the same duties and responsibilities. Bogira outlines judges use of the trial tax, where a defendant pays in the form of a stiffer sentence for choosing trial over a plea bargain if he is eventually unsuccessful at trial.
Because plea bargaining is generally considered a discretionary activity on the part of prosecutors and because fact situations for particular crimes vary, there do not appear to be many jurisdictions with guidelines other than procedures for process and determining who has the authority to approve a negotiated plea bargain. We see the system through the eyes of the men and women who experience it, not only in the courtroom but in the lockup, the jury room, the judges chambers, the spectators gallery. Use features like bookmarks, note taking and highlighting while reading courtroom 302. Courtroom 302 is story told mainly from through steve bogira s observations. Plea bargaining, fifth amendment, sixth amendment, constitutional law, plea bargain, criminal law, right to trial. Nonetheless, this is an important book, raising important issues that should concern many people in society. Courtroom 302, a year behind the scenes in an american. Throughout courtroom 302, bogira gives the reader several different scenarios by including numerous cases. Plea bargaining is a highly informal and unregulated form of negotiation. Mar 25, 2005 bogiras critique focuses on the culture of the courtroom. Judges are awarded for getting as many cases through their courtroom as possible in a given day. A plea bargain is an agreement between a defendant and a prosecutor, in which the defendant agrees to plead guilty or no contest nolo contendere in exchange for an agreement by the prosecutor to drop one or more charges, reduce a charge to a less serious offense, or recommend to the judge a specific sentence acceptable to the defense. Steve bogiras depiction of a year in the life of courtroom 302 is unique in that the reader dives into the minds of.