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PLEA BARGAINING - AN ANNOTATED BIBLIOGRAPHY

NCJ Number
54305
Author(s)
J MARKOWITZ
Date Published
1978
Length
57 pages
Annotation
OVER 350 BOOKS AND ARTICLES RANGING IN PUBLICATION DATE FROM 1927 THROUGH 1978 ARE LISTED IN A COMPREHENSIVE, ANNOTATED BIBLIOGRAPHY ON PLEA BARGAINING.
Abstract
AN INTRODUCTORY OVERVIEW OF THE STATUS OF PLEA BARGAINING IN THE UNITED STATES OBSERVES THAT THE PREDOMINANT TONE OF THE WORKS CITED IS CRITICAL. THE CITATIONS ARE ARRANGED IN 12 CATEGORIES: (1) GENERAL DISCUSSIONS; (2) ARGUMENTS FOR ABOLISHING PLEA BARGAINING; (3) ARGUMENTS FOR MAKING PLEA BARGAINING MORE FORMAL AND OPEN; (4) EMPIRICAL STUDIES OF PLEA BARGAINING IN THE CONTEXT OF THE ENTIRE CRIMINAL JUSTICE PROCESS; (5-7) THE ROLES OF THE PROSECUTOR, DEFENSE COUNSEL, AND JUDGE IN PLEA NEGOTIATIONS; (8) STANDARDS USED BY JUDGES IN DECIDING WHETHER TO ACCEPT GUILTY PLEAS; (9) THE RELATION OF THE GUILTY PLEA AND OF PLEA NEGOTIATION TO SENTENCING; (10) PROBLEMS THAT ARISE WHEN DEFENDANTS REGRET THEIR PLEAS, PARTICULARLY WHEN THE EXPECTATION OF A REDUCED SENTENCE IS NOT FULFILLED BY THE COURT; (11) CONSTITUTIONAL ISSUES, PARTICULARLY THE PROBLEM OF WAIVER RIGHTS; AND (12) COMMENTS ON JUDICIAL DECISIONS PERTAINING TO PLEA BARGAINING. (LKM)

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