An Honest Approach to Plea Bargaining
37 Pages Posted: 5 Aug 2009
Date Written: Summer 2005
In this Article, the author argues that differential sentencing of criminal defendants who plead guilty and those who go to trial is, primarily, a punishment for the defendant exercising the right to trial. The proposed solution requires an analysis of the differential sentencing motivation in light of the benefit to society and the drawbacks inherent in the plea bargaining system.
Keywords: criminal law, trials, plea bargaining, differential sentencing, punishment, criminal defendants
JEL Classification: K14, K49
Suggested Citation: Suggested Citation