NCJ Number
59915
Journal
Law and Society Review Volume: 13 Issue: 2 Dated: SPECIAL ISSUE (WINTER 1979) Pages: COMPLETE ISSUE
Editor(s)
R L ABEL
Date Published
1979
Length
502 pages
Annotation
PAPERS PRESENTED AT A 1978 SYMPOSIUM DISCUSS ISSUES IN PLEA BARGAINING: ITS NATURE; ITS CAUSES, CONSEQUENCES, AND LEGITIMACY; AND PROPOSALS TO ELIMINATE, REFORM, OR RESTRUCTURE IT.
Abstract
THIS SYMPOSIUM, DESIGNED TO OVERCOME SOME OF THE RESEARCH DIFFICULTIES, INCLUDED PAPERS WHICH MOVED BEYOND THE CONFINES OF SPECIFIC DISCIPLINES AND PERSPECTIVES. PLEA BARGAINING IS PLACED IN A HISTORICAL PERSPECTIVE TO IDENTIFY THE FACTORS THAT HAVE CONTRIBUTED TO ITS GROWING USE. A SENSE OF THE DIVERSITY OF PLEA BARGAINING PROCEDURES (AND THEIR RELATIVE MERITS) IS EVIDENT IN DISCUSSIONS OF ENGLISH, GERMAN, AND SPECIFIC U.S. SYSTEMS. NOT ONLY ARE THERE A WIDE VARIETY OF PLEA BARGAINING SYSTEM, BUT THERE ARE A HOST OF COMPLEX ISSUES WHICH HAVE YET TO BE ADDRESSED CONCERNING PLEA BARGAINING PROCESSES. EXPERIENCE HAS SHOWN THAT IN A SIGNIFICANT NUMBER OF CRIMINAL CASES, PERHAPS A SUBSTANTIAL MAJORITY, THE STANDARD MODEL OF PLEA BARGAINING MAY BE INAPPROPRIATE. EVEN THOUGH SEVERAL EFFORTS ARE UNDERWAY TO ABOLISH OR REFORM PLEA BARGAINING PROCEDURES, MANY ACADEMICIANS ARE STARTING TO DEFEND THE SYSTEM. REVIEWS OF NINE RECENT BOOKS DEALING WITH THE PLEA BARGAINING PROCESS ARE ALSO PRESENTED, ALONG WITH RESPONSES BY FOUR OF THE AUTHORS. FOOTNOTES AND REFERENCES ARE PROVIDED FOR MOST OF THE ARTICLES. AN EXTENSIVE BIBLIOGRAPHY IS APPENDED. FOR INDIVIDUAL PAPERS, SEE NCJ 59916-59930. (KCP)