Chapter

Introduction

Richard L. Lippke

in The Ethics of Plea Bargaining

Published in print October 2011 | ISBN: 9780199641468
Published online January 2012 | e-ISBN: 9780191732195 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199641468.003.0001

Series: Oxford Monographs on Criminal Law and Justice

Introduction

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The ubiquity of plea bargaining in the United States and in England and Wales is noted, as is its emergence in other countries. The issues that a normative analysis of plea bargaining must confront are identified. These include the availability and magnitude of sentence or charge reductions, whether they should be fixed or subject to negotiation, whether they should shorten or preclude trials, and which parties should be involved in plea negotiations. The crucial distinction between trial penalties and waiver rewards is signaled, as is the distinction between the analysis of plea bargaining in ideal versus non-ideal contexts, where the latter encompasses the possibility of overcriminalization in all its guises. An overview of the book’s conclusions is provided.

Keywords: plea bargaining; sentence reductions; charge bargaining; trial penalties; overcriminalization; deserved punishment

Chapter.  4411 words. 

Subjects: Criminal Law

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