Guilty Plea: Plea Bargaining
Definition And Types Of Bargaining, The Development Of Plea Bargaining, A Comparative Perspective, Operation Of The Plea Bargaining System
"There is no glory in plea bargaining," writes Professor George Fisher. "In place of a noble clash for truth, plea bargaining gives us a skulking truce . . . . Plea bargaining may be . . . the invading barbarian. But it has won all the same" (p. 859). In the late 1990s, 94 percent of the convictions of state-court felony defendants in the seventy-five largest U.S. counties were by guilty plea rather than trial (Bureau of Justice Statistics, 1999, p. iv). Similarly, 94 percent of all federal-court felony convictions were by guilty plea (Bureau of Justice Statistics, 2000, p. 51). Professor John Langbein, a prominent plea bargaining critic, suggests that Americans replace the word all in the Constitutional declaration, "The Trial of all Crimes . . . shall be by jury," with the words virtually none (Langbein, 1992). Plea bargaining has made our criminal justice system far more administrative than adjudicative in character.
ALBERT W. ALSCHULER
See also COUNSEL: RIGHT TO COUNSEL; COUNSEL: ROLE OF COUNSEL; CRIMINAL JUSTICE PROCESS; CRIMINAL PROCEDURE: COMPARATIVE ASPECTS; GUILTY PLEA: ACCEPTING THE PLEA; INFORMAL DISPOSITION; PROSECUTION: COMPARATIVE ASPECTS; PROSECUTION: PROSECUTORIAL DISCRETION.
Bordenkircher v. Hayes, 434 U.S. 357 (1978).
Brady v. United States, 397 U.S. 742 (1970).
McMann v. Richardson, 397 U.S. 759 (1970).
North Carolina v. Alford, 400 U.S. 25 (1970).
Santobello v. New York, 404 U.S. 257 (1971).
United States v. Jackson, 390 U.S. 570 (1968).
- Regulation of Guns - More Guns, More Crime, Prohibition, Waiting Periods, Gun Buy-back Programs, Background Checks
- Guilty Plea: Accepting the Plea - The Nature Of Guilty Pleas, The Plea Process, The Elements Of Guilty Pleas, Statutory And Procedural Requirements
- Guilty Plea: Plea Bargaining - Definition And Types Of Bargaining
- Guilty Plea: Plea Bargaining - The Development Of Plea Bargaining
- Guilty Plea: Plea Bargaining - A Comparative Perspective
- Guilty Plea: Plea Bargaining - Operation Of The Plea Bargaining System
- Guilty Plea: Plea Bargaining - The Principal Actors In The Bargaining Process
- Guilty Plea: Plea Bargaining - Plea Bargaining And Sentencing Guidelines
- Guilty Plea: Plea Bargaining - Evaluations Of Plea Bargaining
- Guilty Plea: Plea Bargaining - Abolition And Reform Efforts
- Guilty Plea: Plea Bargaining - Conclusion
- Guilty Plea: Plea Bargaining - Bibliography
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