Chapter

Rewarding Cooperation

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/9780199641468.003.0007

Series: Oxford Monographs on Criminal Law and Justice

Rewarding Cooperation

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Waiver rewards are also used by state officials to secure the cooperation of defendants in providing incriminating evidence against their accomplices in crime. Such “cooperation rewards” have been objected to on the grounds that they yield absolute and comparative injustices, encourage betrayal, and produce unreliable evidence. These arguments are examined in detail. Though some of the problems with cooperation rewards are found to be more apparent than real, good reasons emerge for limiting their magnitude and thus constraining the abilities of state officials to manipulate them.

Keywords: cooperation rewards; betrayal; absolute justice; comparative justice; evidence reliability; overcriminalization

Chapter.  11076 words. 

Subjects: Criminal Law

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