by Dept. of Justice, Law Enforcement Assistance Administration, National Institute of Law Enforcement and Criminal Justice : for sale by the Supt. of Docs., U.S. Govt. Print. Off. in [Washington] .
Written in English
|Statement||by Herbert S. Miller, William F. McDonald, James A. Cramer|
|Series||Research - National Institute of Law Enforcement and Criminal Justice|
|Contributions||McDonald, William F. 1943- , joint author, Cramer, James A. , joint author, National Institute of Law Enforcement and Criminal Justice|
|The Physical Object|
|Pagination||xlix, 311, 64,  p. ;|
|Number of Pages||311|
Additional Physical Format: Online version: Miller, Herbert S. Plea bargaining in the United States. [Washington]: National Institute of Law Enforcement and Criminal. The Ethics of Plea Bargaining offers a sustained argument for restrained forms of plea bargaining and against the freewheeling kinds of it that predominate in the United States. Rewards for admitting guilt are distinguished from penalties for exercising the right to trial. The latter appear in numerous guises and are shown to be indefensible. “Plea bargaining in the United States is less regulated than it is in other countries,” said Jenia Turner, a law professor at Southern Methodist University who has written a . The term “plea- bargaining” is a derivative of two words namely “plea” and “bargain”. Plea, which is a defendant’s formal response of guilt, or not guilty or no contest to a criminal charge, has.
explain why plea bargaining presents an unconstitutional conditions prob-lem and thus imposes an impermissible burden on a defendant’s constitu-tional rights. Part V will analyze plea bargaining under strict scrutiny analysis and find that a jury waiver system is a less restrictive alternative than plea bargaining. Plea bargaining gains favor in American courts Albert McKenzie pleads guilty to a misdemeanor count of embezzlement in Alameda County, California. McKenzie had originally been charged with a felony. United States, U.S. , –52, (), the seminal case involving plea-bargaining. Brady states that plea-bargaining “is inherent in the criminal law and its administration because guilty pleas are not constitutionally forbidden, because the criminal law characteristically extends to judge or jury a range of choice in setting the. The U.S. Supreme Court officially recognized plea bargaining as a formal procedure for the resolution of criminal cases in when it declared plea bargaining constitutional in the Brady v. United States case. Author: Emilio C. Viano.
Georgetown law professor Marc Morje Howard talked about the plea bargaining process in the United States and some of the problems with accepting a plea deal. He also spoke about ways to . bargaining in the United States, this Article turns to the two decisions, noting how the 5 – 4 split in each reflects the Cour t’s divided attitudes toward plea bargaining. The plea bargains largely determined the sentences imposed. While corresponding statistics for the fifty states combined are not available, it is a rare state where plea bargains do not similarly account for the resolution of at least 95 percent of the felony cases that are not dismissed; and again, the plea bargains usually determine the sentences, sometimes as a matter of law and . See Article History. 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.