Plea Bargaining in the American Jurisprudence System: Will It Survive?
Ames, Stanely L.
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The topic of plea bargaining currently occupies a vital position in circles concerned with the function of our criminal justice system. Yet for decades plea bargaining was not openly discussed. It operated invisibly within a judicial system complicated by procedural methods and precedent. It operated within the judicial system without the restrictions traditionally associated with legal procedures. Within the last twenty years the controversy revolving around plea bargaining has intensified. Because of the nature of plea bargaining, an enormous amount of literature has been published which is reflective of disciplines including law, economics, political science, and sociology. Many of these works consider the birth of plea bargaining to be an attempt by the legal profession, in particular the Supreme Court, to legitimize its bastard child. If this is true, then the conception of the plea bargaining system lies in the shortcomings of the traditional model of trials. Therefore any accurate examination of the concerns of plea bargaining procedures, as expounded in these varied works, must first take a closer look at the problems associated with the traditional model of trials.If you are not a current K College student, faculty, or staff member, email firstname.lastname@example.org to request access to this SIP.