Publication Date

Spring 1982

Journal

Journal of Criminal Law & Criminology

Abstract

This article compares the Court's reasoning in plea bargaining cases with its reasoning in non-plea-bargaining cases that involve the same legal principles. It analyzes the Court's arguments for sustaining guilty pleas induced by fear of the death penalty or by promises of leniency, and for sanctioning the imposition of harsher penalties on those who reject prosecutional offers to plead and insist on a trial. Finally, it briefly addresses the contention that the system for the administration of criminal justice in the United States could not function if use of a sentencing differential to induce guilty pleas were prohibited.

Volume

73

First Page

1

Publisher

Northwestern Pritzker School of Law

Keywords

pleading, Plea bargain, criminal law, criminal justice, criminal justice reform, criminal law reform, Supreme Court of the United States (SCOTUS), Victims, Victimology

Disciplines

Criminal Law | Criminal Procedure | Law

Download

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.