Artigo Revisado por pares

Bargain Justice in an Unjust World: Good Deals in the Criminal Courts?

1979; Cambridge University Press; Volume: 13; Issue: 2 Linguagem: Inglês

10.2307/3053278

ISSN

1540-5893

Autores

Craig Haney, Michaël Löwy,

Tópico(s)

Legal Systems and Judicial Processes

Resumo

That relatively few criminal cases in this country are resolved by full Perry Mason-style strials is fairly common knowledge. Most cases are settled by a guilty plea after some form of negotiation over the charge or sentence. But why? The standard explanation is case pressure: the enormous volume of criminal cases, to be processed with limited staff, time and resources. . . . But a large body of new empirical research now demands that we re-examine plea negotiation. Milton Heumann's book, Plea Bargaining, strongly and explicitly attacks the case-pressure argument and suggests an alternative explanation for plea bargaining based on the adaptation of attorneys and judges to the local criminal court. The book is a significant and welcome addition to the literature. Heumann's investigation of case pressure and plea negotiation demonstrates solid research and careful analysis.-Michigan Law Review

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