Coercive Plea Bargaining: The Unrecognized Scourge of the Justice System
35 Pages Posted: 17 Jan 2013
Date Written: 2011
Part I of this Article briefly sets forth the ethical and professional duties of prosecutors. Part II examines the game-theory concepts at play in plea-and sentence-bargaining negotiations. For perspective, Part III explores the evolution of plea bargaining from common law and elucidates the problem of coercive plea bargaining. Part VI analyzes how other scholars' approaches fail to address the problem adequately and hence have not been implemented. Finally, in Part V, the Article concludes by offering a viable approach for limiting prosecutorial abuse in the charging process -- an approach that governments, both state and federal, can implement without disrupting the justice system and without significant costs.
Keywords: prosecutors, game-theory, plea bargaining, coercive plea bargaining
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