The Case Against Plea Bargaining

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