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NCJRS Abstract

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NCJ Number: 10686 Find in a Library
Title: UNCONSTITUTIONALITY OF PLEA BARGAINING (FROM CRIMINAL LAW - ESSAYS ON CRIMINAL LAW SELECTED FROM THE PAGES OF THE HARVARD LAW REVIEW, 1972 - SEE NCJ-008880)
Author(s): ANON
Corporate Author: Harvard Law Review Assoc
Harvard Law Review
United States of America
Date Published: 1970
Page Count: 25
Sponsoring Agency: Harvard Law Review Assoc
Cambridge, MA 02138
Publication Number: U
Format: Article
Language: English
Country: United States of America
Annotation: PLEA BARGAINING IS DESCRIBED AS PRODUCING TENSION BETWEEN JUDICIAL ADMINISTRATIVE ECONOMY AND CONSTITUTIONAL VALUES.
Abstract: THIS ARTICLE DESCRIBES BRIEFLY THE INSTITUTION OF PLEA BARGAINING, ANALYZES REFORMS RECENTLY PROPOSED BY THE ABA, EVALUATES THE CONSTITUTIONALITY OF CURTAILMENT OF INDIVIDUAL RIGHTS TO PROMOTE EFFICIENCY IN THE ADMINISTRATION OF JUSTICE, AND DISCUSSES THE PROBLEM OF ENFORCING A JUDICIAL DETERMINATION THAT PLEA BARGAINING IS UNCONSTITUTIONAL. IT IS ARGUED STRONGLY THAT PLEA BARGAINING NULLIFIES CONSTITUTIONAL GUARANTEES FOR LARGE NUMBERS OF DEFENDANTS. ALTHOUGH THE AUTHOR AGREES THAT IT WOULD CAUSE SEVERE STRESS ON THE CRIMINAL JUSTICE SYSTEM TO ELIMINATE PLEA BARGAINING, HE CONTENDS THAT IT IS THE LEGISLATURE'S RESPONSIBILITY TO SEEK OTHER MEANS OF INCREASING ADMINISTRATIVE EFFICIENCY.
Index Term(s): American Bar Association (ABA); Constitutional Rights/Civil Liberties; Plea negotiations; Pretrial procedures; Prosecution; Rights of the accused; Standards
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=10686

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