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NCJ Number: 89390 Add to Shopping cart Find in a Library
Title: Plea Bargaining and the Structure of the Criminal Process
Journal: Justice System Journal  Volume:7  Issue:3  Dated:(Winter 1982)  Pages:338-354
Author(s): M M Feeley
Date Published: 1982
Page Count: 23
Sponsoring Agency: National Institute of Justice (NIJ)
Washington, DC 20531
US Dept of Justice NIJ Pub
Washington, DC 20531
Type: Historical Overview
Format: Article
Language: English
Country: United States of America
Annotation: This article examines plea bargaining in historical perspective. It argues that plea bargaining and related inducements to plead guilty are not primarily the products of limitations of resources or the drive for organizational efficiency.
Abstract: Rather plea bargaining has its origins in changes in the very structure and theory of the criminal process that have taken place during the past 200 years: developments in the operative assumptions and theory about the criminal process; changes in the substantive criminal law and criminal procedure; and the rise of full-time professionals who administer the criminal process. The thesis is that negotiation has increased in direct proportion to adversariness; that is, the rise of plea bargaining is a consequence of increased adversariness, precisely the opposite of what is commonly thought. (Author abstract)
Index Term(s): Plea negotiations
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