An Honest Approach to Plea Bargaining

37 Pages Posted: 5 Aug 2009  

Steven P. Grossman

University of Baltimore - School of Law

Date Written: Summer 2005

Abstract

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

Grossman, Steven P., An Honest Approach to Plea Bargaining (Summer 2005). American Journl of Trial Advocacy, Vol. 29, No. 1, 2005. Available at SSRN: https://ssrn.com/abstract=1411226

Steven P. Grossman (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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