We recently called for reconsideration of New Jersey’s prohibition of the “Alford plea,” whereby a defendant in a criminal case can enter a guilty plea without giving a supporting factual basis ["Guilty Pleas Without Admission," Dec. 24, 2012]. We now call for reconsideration of another rule which impacts the same problem.
In New Jersey, from the time plea bargaining was introduced, judges were prohibited from participating in plea negotiations or recommending a disposition incident to a plea. Since the Supreme Court authorized negotiated pleas in 1970, and the rules were implemented in 1975, the defendant and prosecutor have been able to negotiate as to a recommended disposition on the offense to be plead to, a maximum sentence, or both. The agreement would be placed on the record with the judge’s indication that he was not bound by it, and if the judge could not agree with the negotiated recommendation upon review of the presentence report, the defendant could withdraw his or her plea without adverse consequences. R. 3:9-3.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
