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The Case Against Plea Bargaining

4 Pages Posted: 1 Mar 2004  

Timothy Lynch

Cato Institute

Abstract

Plea bargaining has come to dominate the administration of justice in America. Even though plea bargaining pervades the justice system, I argue that the practice should be abolished because it is unconstitutional. There is no doubt that government officials deliberately use their power to pressure people who have been accused of crime, and who are presumed innocent, to confess their guilt and to waive their right to a formal trial.

Keywords: Plea bargain, plea bargaining, fifth amendment, sixth amendment, constitutional law, justice system, trial

JEL Classification: K14

Suggested Citation

Lynch, Timothy, The Case Against Plea Bargaining. Regulation, Vol. 26, No. 3, pp. 24-27, Fall 2003. Available at SSRN: https://ssrn.com/abstract=511222

Timothy Lynch (Contact Author)

Cato Institute ( email )

1000 Massachusetts Ave NW
Washington, DC 20001
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202-842-3490 (Fax)

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