Thursday, January 24, 2013
Harry M. Caldwell (Pepperdine University - School of Law) has posted Coercive Plea Bargaining: The Unrecognized Scourge of the Justice System (Catholic University Law Review, Vol. 61, No. 829, 2011) on SSRN. Here is the abstract:
Part I of this Article briefly sets forth the ethical and professional duties of prosecutors. Part II examines the game-theory concepts at play in plea-and sentence-bargaining negotiations. For perspective, Part III explores the evolution of plea bargaining from common law and elucidates the problem of coercive plea bargaining. Part VI analyzes how other scholars' approaches fail to address the problem adequately and hence have not been implemented. Finally, in Part V, the Article concludes by offering a viable approach for limiting prosecutorial abuse in the charging process -- an approach that governments, both state and federal, can implement without disrupting the justice system and without significant costs.