CRIMINAL JUSTICE AND THE NEGOTIATED PLEA

• NCJ Number: 36909
• Journal: ETHICS Volume: 86 Issue: 2 Dated: (JANUARY 1976) Pages: 93-106
• Author(s): K KIPNIS
• Date Published: 1976
• Length: 14 pages
• Corporate Author: University of Chicago
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: REPRINT

Annotation

THIS PHILOSOPHICAL EXAMINATION QUESTIONS THE INTRINSIC FAIRNESS OF PLEA BARGAINS, PARTICULARLY IN LIGHT OF THE ELEMENT OF DEFENDANT DURESS, AND CRITICALLY EXAMINES THE PLACE OF SUCH BARGAINS IN THE CRIMINAL JUSTICE SYSTEM.

Abstract

THE AUTHOR CONTENDS THAT IN ITS COERCION OF CRIMINAL DEFENDANTS, ITS ABANDONMENT OF DESERT AS THE MEASURE OF PUNISHMENT, AND ITS RELAXATION OF THE STANDARDS FOR CONVICTION, PLEA BARGAINING FALLS SHORT OF THE JUSTICE EXPECTED OF THE AMERICAN LEGAL SYSTEM.