UNCONSTITUTIONALITY OF PLEA BARGAINING (FROM CRIMINAL LAW - ESSAYS ON CRIMINAL LAW SELECTED FROM THE PAGES OF THE HARVARD LAW REVIEW, 1972 - SEE NCJ-008880)

• NCJ Number: 10686
• Author(s): ANON
• Date Published: 1970
• Length: 25 pages
• Corporate Author: Harvard Law Review Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

PLEA BARGAINING IS DESCRIBED AS PRODUCING TENSION BETWEEN JUDICIAL ADMINISTRATIVE ECONOMY AND CONSTITUTIONAL VALUES.

Abstract

THIS ARTICLE DESCRIBES BRIEFLY THE INSTITUTION OF PLEA BARGAINING, ANALYZES REFORMS RECENTLY PROPOSED BY THE ABA, EVALUATES THE CONSTITUTIONALITY OF CURTAILMENT OF INDIVIDUAL RIGHTS TO PROMOTE EFFICIENCY IN THE ADMINISTRATION OF JUSTICE, AND DISCUSSES THE PROBLEM OF ENFORCING A JUDICIAL DETERMINATION THAT PLEA BARGAINING IS UNCONSTITUTIONAL. IT IS ARGUED STRONGLY THAT PLEA BARGAINING NULLIFIES CONSTITUTIONAL GUARANTEES FOR LARGE NUMBERS OF DEFENDANTS. ALTHOUGH THE AUTHOR AGREES THAT IT WOULD CAUSE SEVERE STRESS ON THE CRIMINAL JUSTICE SYSTEM TO ELIMINATE PLEA BARGAINING, HE CONTENDS THAT IT IS THE LEGISLATURE'S RESPONSIBILITY TO SEEK OTHER MEANS OF INCREASING ADMINISTRATIVE EFFICIENCY.