Article

Charging and Plea Bargaining as Forms of Sentencing Discretion

Ronald F. Wright

in The Oxford Handbook of Sentencing and Corrections

Published in print April 2012 | ISBN: 9780199730148
Published online September 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199730148.013.0010

Series: Oxford Handbooks

 Charging and Plea Bargaining as Forms of Sentencing Discretion

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This article shows how charging and plea bargaining can be used as forms of sentencing discretion. It first examines the claims that prosecutorial charging and plea bargaining discretion is a form of sentencing power, which appear to be largely true of American legal systems. Next, it discusses negotiation terms used by government and defense concessions. It also takes a look at the systemic effects of party negotiations and identifies the objectives that prosecutors hope to gain by selecting and amending charges and their sentencing recommendations. This article ends with a section on the limitations of prosecutorial discretion.

Keywords: charging; plea bargaining; sentencing discretion; sentencing power; negotiation terms; concessions; effects of party negotiations; prosecutorial discretion

Article.  10236 words. 

Subjects: Criminology and Criminal Justice ; Courts and Procedure

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