CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

A Member of the Law Professor Blogs Network

Friday, August 10, 2012

Young on a Moral Defense of Plea Bargaining

Michael Young has posted A Moral Defense of Plea Bargaining on SSRN. Here is the abstract:

This paper argues that the critics' best case fairly stated against plea bargaining fails in its own terms to show that plea bargaining is necessarily unjust or injustice-tending. Critically, this paper argues against plea-bargaining's critics without resorting to the typical pro-plea-bargaining arguments about efficiency or the value of choice. Plea-bargaining may be efficient as a means of deterring crime and saving prosecutorial resources, but, even if so, that fact would not redeem plea-bargaining if it were, as the critics claim, unjust. Or, plea-bargaining may realize the defendant's rational choice, but where it is sensible to ask whether those very choices should be in the first place thrust upon the defendant, an appeal to choice in this way begs rather than answers the moral question raised by the critic. If it is to be answered at all, the moral case against plea bargaining must be answered in the terms of the critics' real moral concern without resort to the usual poor arguments, and this paper provides that better moral answer by focusing on several key critical arguments. Specifically, this paper offers original arguments challenging the critical claims that plea bargaining leads to the conviction of too many innocents (the "innocence problem"); that it is necessarily coercive or tending towards coercion; and that it inequitably leads to the unlike treatment of like cases (the "trial penalty" problem).

http://lawprofessors.typepad.com/crimprof_blog/2012/08/young-on-a-moral-defense-of-plea-bargaining.html

| Permalink

Comments

HMMM? Another Paper on Plea bargaining void of the relationship between Probationers and Plea bargaining.

Take it from me, the 95 to 98 percent of TapOuts represent those on probation at the time of being arrested on a new charge where they become "Defendants" and are advised by hired, assigned, appointed counsel to avoid jury trials and / or STOP a jury trial and plea bargain at lunch recess. The law allows the unqualified (Divorce Will & Estate specialists) to say they are CDLs, take felony cases, participate in voir dire, file pre-trial 'Discovery' motions 30 days prior to the day of trial, plea out clients and walk away.

*You might want to re-think your last sentence above or interview some ex-convicts that were on probation at time of arrest. Thanks.

Posted by: The Team | Aug 13, 2012 10:27:28 AM

Post a comment