NCJ Number
174533
Journal
International Journal of Offender Therapy and Comparative Criminology Volume: 42 Issue: 2 Dated: June 1998 Pages: 111-123
Date Published
1998
Length
13 pages
Annotation
This is a brief review of the historical development of plea bargaining in the United States and contrasting views regarding the process.
Abstract
Plea bargaining allows a criminal defendant to plead guilty to a lesser crime than the one charged, and the prosecution and the defense come to an agreement to resolve the case. It is an administrative process that permits a defendant to elicit a judicially administered expeditious alternative to the traditional trial. Plea bargaining is a system that may work and produce justice in some cases, but overuse and abuse have created concern. Supporters of plea bargaining view it as promoting efficiency, lessening the cost of eventual trial, avoiding lengthy appeals, and reducing the overload on the justice system. Opponents of plea bargaining maintain that defendants should be tried for their offensive behaviors, which calls for due process of law. In addition, the prospect of a trial may actually improve the performance of the participants in the criminal justice system. If police officers knew that their cases had a reasonable chance to go to trial, they might do a more thorough and careful investigation. References