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National Project on Plea Bargaining
Based on project review of the literature and discussions
with diverse individuals and organizations, this is the first
attempt to survey plea bargaining, its role and implications,
on a national scale.
The project staff began its work on
October 1, 1975 and is now in the midst of its review of
literature (published and unpublished), cases, standards, rules
and statutes, and other relevant data in the criminal justice
The basic goal of the project is to attempt a comprehen
sive description and analysis of plea bargaining. The project will also critically examine the assumptions and hypotheses of
both proponents and opponents of plea bargaining. It will analyze the perceptions of the actors in the program (prose-.
cutors, defense attorneys and judges) and the functions which
plea bargaining allegedly plays. Finally, it will attempt to isolate those variables which appear to have the most in
fluence on the rationale for plea bargaining, the roles played
by the actors, and how cases are processed through the system.
The controversy over plea bargaining and public appre
hensions about it necessitate this effort.
The project hopes
to supply clues as to whether plea bargaining is inevitable and whether or not its admitted flaws and abuses can be rectified
through bringing it out into the open, the application of
standards, and methods of making the actors accountable.
The Committee has reviewed the National Street Law Institute
and its model program and recommends that $500,000 in Part C
Discretionary funds or Part E discretionary funds be authorized
for the second phase of its program.
This funding will
the program to be expanded, as addressed in the testimony of
the Institute's Director.
The Committee has reviewed the national program of the Interdisciplinary Criminal Justice Management Training project presently
underway in the District of Columbia and recommends that $329,482
in Part c Discretionary funds be authorized for the final phase
of the program, as addressed in the testimony.
The Committee has reviewed the National Project on Plea Bargaining
and recommends that $524,774 in Part D research funds be authorized
for the final phase of the program, as addressed in the testimony.
$740 MILLION APPROPRIATION RECOMMENDED
Father COLLINS. I will address it very straightforward. We need money. I recommend $740 million as a reasonable program for LEAA. That is not absolutely necessary. An instance of two things. One is in the juvenile pro ram. Information is that 61 or 62 percent of crime presently available statistics show that are committed by young adults under 22 years of age or under.
So we recommend a strong increase in the amount for juveniles.
A very specific program on that is that there are many private agencies and quasi-private-Boy Scouts and other institutions that are addressing themselves to this problem.
Without the juvenile monies that this committee so wisely insisted on last year, at the $40 million level, these would not be under way.
In my record there is one of the two Jesuits in the area here who run a house for 10 students committed by court. In there the personal element that I think is going to be one of the great solutions to the crime of youngsters is the lack of supervisoin by adults for many reasons.
There are many adults who wish to do this and need funds for Mr. Velde's operation. So we have a recommendation of a specific amount of money with an increase.
Senator PASTORE. Is that house over which you have supervision supported by any LEAA funds?
Father COLLINS. Yes; it has a partial funding from LEAA. The men themselves contribute a part of their own salaries.
Senator PASTORE. Where is this house located?
Father COLLINS. It is on the outskirts of Washington in one of the suburbs in Maryland, in one of the little towns of Maryland.
The other is the universities themselves across the country. I would like to speak in behalf of support for LEAA on behalf of the universities of the District of Columbia who have cooperated with LEAA in undertaking certain national programs.
In summary, I would like to say, first, it would be unreasonable, I think, knowing the wisdom of the Senate, to accede to the cut of the House. It would be, if I may be allowed, unconscienable. We have a recommendation of $740 million. I did testify before the House. It was unfortunate, I think, the other witnesses did not take the time on such an important program to call to the attention of the Members of the House what would happen.
In summary, we support-from specific instances of the universities here in the District and our own Jesuits —both programs, and recommend that at least a reasonable figure of $740 million.
Senator PASTORE. $740 million?
Senator PASTORE. Father George, do you have anything to say? You are of the younger generation. We better hear from you.
Father GEORGE. Consider me a trainee.
Senators, I came to speak on an issue that would involve the State Department rather than the Justice Department.
What Georgetown requests is that $250,000 might be added to the State Department funds to plan a center that would demonstrate the effective utilization of advanced educational technology and develop programs with various universities in foreign countries that would establish the Indigenous Technical Assistance Corporation. ITEK is our anachronism. We would suggest that it be Latin America and the Near East, that the center would, in conjunction with those foreign countries in the Near East and Latin America, research and assess the technologies and plan the development of a prototype educational community which would be an ongoing self-supporting experimental model.
The funds for this request would be provided under the State Department's mutual Educational and Cultural Exchange Act, section 102.
It would allow for the formation of an intercultural center for the areas of Latin America and the Near East, in the Nation's Capitol at Georgetown in association with the Distirct of Columbia's consortium of universities.
Can I make one brief comment about our juvenile justice program? Senator PASTORE. Yes, sir.
Father GEORGE. A real good friend of mine who lives there with the kids taught me how to liturgize and do my priestly ministry. He is Ron Murphy. He is a very talented, bright teacher of German at Georgetown. He had a Ph.D. from Harvard in German. He teaches at Georgetown and lives with these boys and commutes an hour or so a day.
The man he lives with, the other Jesuit, teaches at Gonzaga.
They consider it so vital to give these young juveniles who they had diagnosed as “The family is the problem," they had no direction.
Senator PASTORE. What are the types of crimes they went to jail for?
Father GEORGE. Armed robbery, theft. They are going now to reform school.
Senator PASTORE. Armed robbery?
Father GEORGE. Some of them. Some of them are life-timers and some very serious things, stealing cars, which a lot of kids tend to get in trouble with.
Senator PASTORE. Stealing cars is one thing. Armed robbery is another.
Father GEORGE. A couple of kids used guns. As I understand, one of them stole one. They teach full loads, as any other parent would, to get a parent working. And boys are in school while they are in school. Then they will return and give the young men a bit of a family environment.
Their thrust is to teach them responsibility toward each other and to give them the know-how, how to survive.
A lot of families just don't teach the kids how to get a job, how to work, or give them the values of trying to be a productive citizen. That is their purpose.
They will find them jobs and they are getting a fairly good reputation that they can manage these kids. A lot of times they will fail and the kids may have to go back to reform school. But they have had a success rate.
Father Murphy worked all summer last year to get the money to send a boy to diesel school. This kid now is finishing up his
last semester as a diesel mechanic. He is proud. It took that priest all summer to get the money, because they put half their salaries into this.
That young man is engaged to a girl in the community and he can support a family. He doesn't want to get married until he can do it, really support a family. He has the values that his parent wouldn't give him. It is fantastic.
I don't know the LEAA and the juvenile program all that well, but if it supports things like that, I would strongly say “Help.”
Senator PASTORE. You are a dedicated priest. Any other questions?