NCJ Number
50722
Journal
Journal of Psychiatry and Law Volume: 3 Issue: 4 Dated: (WINTER 1975) Pages: 463-473
Date Published
1975
Length
11 pages
Annotation
THE PROS AND CONS OF PLEA BARGAINING ARE REVIEWED, AND A PSYCHOANALYTIC THEORY TO EXPLAIN THE EVOLUTION AND PROBABLE RETENTION OF PLEA BARGAINING IS DEVELOPED.
Abstract
IT IS ARGUED THAT THE CONFESSION INHERENT IN A PLEA BARGAIN HELPS TO RELIEVE THE GUILT, NOT ONLY OF THE OFFENDER WHO ENTERS INTO IT AND THE PUBLIC OFFICIALS WHO HELP TO NEGOTIATE AND ENFORCE IT, BUT ALSO OF MANY MEMBERS OF THE GENERAL PUBLIC ON WHOSE BEHALF SUCH PLEAS ARE MADE. THUS PLEA BARGAINS WOULD BE PRODUCTS NOT ONLY OF SO-CALLED 'OBJECTIVE' CONSIDERATIONS, SUCH AS THE NEED TO AVOID OVERTAXING AN ALREADY HOPELESSLY OVERBURDENED CRIMINAL JUSTICE SYSTEM, BUT ALSO OF POWERFUL UNCONSCIOUS MOTIVES TO DEAL WITH THE GUILT ASSOCIATED WITH INNER FEELINGS AND PASSIONS WHICH FAIL TO CONFORM TO PARENTAL AND CULTURALLY CONDITIONED BEHAVIORAL AND ATTITUDINAL NORMS. IT IS BELIEVED THAT THE LIKELIHOOD THAT PLEA BARGAINS HELP TO FULFILL THESE SIGNIFICANT UNCONSCIOUS NEEDS MAY PROVE TO BE THE BASIC REASON WHY, DESPITE THE MANY OBJECTIONS RAISED, THEIR USE CONTINUES TO PROLIFERATE. (RCB)