Chapter

Epilogue

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/9780199641468.003.0011

Series: Oxford Monographs on Criminal Law and Justice

Epilogue

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The Epilogue discusses two practical problems raised by the book’s argument on behalf of more restrained forms of plea bargaining. The proposal to strictly limit and fix the sentence reductions afforded criminal defendants who admit their guilt is shown to be consistent with the assignment of non-custodial sentences in lieu of minimal custodial ones. Also, the sources of resistance to these proposals are surveyed. Prosecutors used to having wide discretion in the conduct of plea bargaining will have the most to lose if the reforms urged here are adopted. Fortunately, the other actors in the criminal justice system have less at stake in freewheeling forms of plea bargaining and might benefit from attempts to make it a more orderly, public, and principled practice.

Keywords: waiver rewards; plea bargaining; custodial sentences; prosecutors; judges; criminal defendants; defense attorneys

Chapter.  2833 words. 

Subjects: Criminal Law

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