NCJ Number
68093
Journal
Public Interest Issue: 58 Dated: (WINTER 1980) Pages: 43-61
Date Published
1980
Length
19 pages
Annotation
THE ESSAY DRAWS AN ANALOGY BETWEEN MEDIEVAL EUROPEAN TORTURE AND PLEA BARGAINING IN ORDER TO PRESENT THE NEED FOR REFORM OF THE AMERICAN CRIMINAL JUSTICE SYSTEM.
Abstract
PARALLELS IN ORIGIN, IN FUNCTION, AND EVEN IN SPECIFIC POINTS OF DOCTRINE EXIST BETWEEN MEDIEVAL TORTURE AND AMERICAN PLEA BARGAINING. EACH SYSTEM CONCENTRATES ON INDUCING THE ACCUSED TO TENDER A CONFESSION THAT WOULD WAIVE THE RIGHT TO SAFEGUARDS. LIKE MEDIEVAL TORTURE, AMERICAN JUSTICE MOVES FROM AN ADJUDICATORY TO A CONCESSIONARY SYSTEM IN WHICH THE ACCUSED IS COERCED. BECAUSE PLEA BARGAINING INVOLVES CONDEMNATION WITHOUT ADJUDICATION, IT UNDERMINES A MORAL POSTULATE OF THE CRIMINAL JUSTICE SYSTEM, THAT IS, THAT SERIOUS CRIMINAL SANCTIONS SHOULD BE IMPOSED ONLY WHEN THE ACCUSED HAS BEEN FOUND GUILTY BEYOND REASONABLE DOUBT. FURTHERMORE, PLEA BARGAINING CONCENTRATES EFFECTIVE CONTROL OF PROCEDURE IN THE HANDS OF A SINGLE OFFICER. THUS, PLEA BARGAINING IS A FAILURE IN THAT IT SACRIFICES FUNDAMENTAL VALUES; MODERN CONTINENTAL CRIMINAL PROCEDURE SHOULD BE USED AS A MODEL FOR REFORM. (MFE)