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Plea Bargains

Attack And Enforcement Of Plea Bargains

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A. What is a Plea?

A guilty plea is “more than a confession which admits that the accused did various acts,” it is a “stipulation that no proof by the prosecutor need be advanced.” (Boykin v. Alabama (1969) 395 U.S. 238, 243, 242-243 & fn. 4.) “A guilty plea is the

There are also slow pleas:

“[T]he term ‘slow plea’ . . . is an agreed-upon disposition of a criminal case via any one of a number of contrived procedures which does not require the defendant to admit guilt but results in a finding of guilt on an anticipated charge and, usually, for a promised punishment.” Perhaps the clearest example of a slow plea is a bargained-for submission on the transcript of a preliminary hearing in...

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Plea Bargaining in the United States

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INTRODUCTION

The issue of plea bargaining occupies a central position among those concerned with the operation of the criminal justice system. There appears to be some uncertainty and confusion both inside ,~e criminal justice system and with the public as to the nature, scope, purpose and value of plea bargaining as a form of case resolution in our system. Existing attitudes toward plea bargaining form a continuum spanning an entire range of positions from total endorsement to complete rejection. The controversy over plea bargaining has become more intensive within the last ten years. The extent of the interest and controversy revolving around plea bargaining is evidenced in the enormous explosion of literature in the area. Over two-thirds of the books, articles, and studies on plea bargaining annotated in the project bibliography have been written in the last decade. And the research reflects numerous disciplines, including law, economics, political science and sociology. All indications are that the proliferation of research in plea bargaining..

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