In Defense of Plea Bargaining

4 Pages Posted: 2 Mar 2004  

Timothy Sandefur

Goldwater Institute

Abstract

Plea bargaining, like all government activities, is liable to abuse. Yet the mere fact that a process can be abused does not necessarily make that process unconstitutional, or immoral. Plea bargaining is rife with unfair prosecutorial tactics, and it needs reform. But the process itself is not unconstitutional, nor does it violate a defendant's rights.

Keywords: Plea bargaining, fifth amendment, sixth amendment, constitutional law, plea bargain, criminal law, right to trial

JEL Classification: K14, K10

Suggested Citation

Sandefur, Timothy, In Defense of Plea Bargaining. Regulation, Vol. 26, No. 3, pp. 28-31, Fall 2003. Available at SSRN: https://ssrn.com/abstract=511302

Timothy Sandefur (Contact Author)

Goldwater Institute ( email )

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