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NCJRS Abstract

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NCJ Number: 50722 Find in a Library
Title: PSYCHOANALYTIC APPROACH TO PLEA BARGAINS AND CONFESSIONS
Journal: JOURNAL OF PSYCHIATRY AND LAW  Volume:3  Issue:4  Dated:(WINTER 1975)  Pages:463-473
Author(s): C G SCHOENFELD
Corporate Author: Federal Legal Publications, Inc
Managing Editor
United States of America
Date Published: 1975
Page Count: 11
Sponsoring Agency: Federal Legal Publications, Inc
New York, NY 10007
Format: Article
Language: English
Country: United States of America
Annotation: THE PROS AND CONS OF PLEA BARGAINING ARE REVIEWED, AND A PSYCHOANALYTIC THEORY TO EXPLAIN THE EVOLUTION AND PROBABLE RETENTION OF PLEA BARGAINING IS DEVELOPED.
Abstract: IT IS ARGUED THAT THE CONFESSION INHERENT IN A PLEA BARGAIN HELPS TO RELIEVE THE GUILT, NOT ONLY OF THE OFFENDER WHO ENTERS INTO IT AND THE PUBLIC OFFICIALS WHO HELP TO NEGOTIATE AND ENFORCE IT, BUT ALSO OF MANY MEMBERS OF THE GENERAL PUBLIC ON WHOSE BEHALF SUCH PLEAS ARE MADE. THUS PLEA BARGAINS WOULD BE PRODUCTS NOT ONLY OF SO-CALLED 'OBJECTIVE' CONSIDERATIONS, SUCH AS THE NEED TO AVOID OVERTAXING AN ALREADY HOPELESSLY OVERBURDENED CRIMINAL JUSTICE SYSTEM, BUT ALSO OF POWERFUL UNCONSCIOUS MOTIVES TO DEAL WITH THE GUILT ASSOCIATED WITH INNER FEELINGS AND PASSIONS WHICH FAIL TO CONFORM TO PARENTAL AND CULTURALLY CONDITIONED BEHAVIORAL AND ATTITUDINAL NORMS. IT IS BELIEVED THAT THE LIKELIHOOD THAT PLEA BARGAINS HELP TO FULFILL THESE SIGNIFICANT UNCONSCIOUS NEEDS MAY PROVE TO BE THE BASIC REASON WHY, DESPITE THE MANY OBJECTIONS RAISED, THEIR USE CONTINUES TO PROLIFERATE. (RCB)
Index Term(s): Plea negotiations; Psychology
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=50722

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