Criminal Justice and the Negotiated Plea

  title={Criminal Justice and the Negotiated Plea},
  author={Kenneth Kipnis},
  pages={93 - 106}
In recent years it has become apparent to many that, in practice, the criminal justice system in the United States does not operate as we thought it did. The conviction secured through jury trial, so familiar in countless novels, films, and television programs, is beginning to be seen as the aberration it has become. What has replaced the jury's verdict is the negotiated plea. In these "plea bargains" the defendant agrees to plead guilty in exchange for discretionary consideration on the part… 


This paper focuses on the narrow question whether prosecutorial or judicial negotiation of a reduced charge or sentence for a criminal defendant in exchange for a guilty plea renders the plea

Retributivism and Plea Bargaining

Plea bargaining is a ubiquitous phenomenon in certain contemporary criminal justice systems. Most estimates of its frequency in the United States, for instance, suggest that upwards of ninety per

Plea validity in circuit court: judicial colloquies in misdemeanor vs. felony charges

ABSTRACT Since the majority of criminal cases end in a guilty pleas, there is growing research on issues related to the plea process, including ways in which the court determines the validity of


Despite the frequency of guilty pleas, researchers disagree about the ability of plea bargaining to provide justice. Critics argue that plea bargaining deprives defendants of due process rights and

In Defense of "Bargain Justice"

  • T. Church
  • Law
    Controversies in Criminal Law
  • 2019
The strongest critics of plea bargaining argue that the practice should be abolished because it coerces defendants to give up their right to trial and because it results in irrational sentences for

Guilty plea hearings and judicial supervision: Some differences between federal and state judges regarding Rule 11 and a defendant’s right to due process

Samples of 120 district court judges from six randomly selected circuit court jurisdictions were compared with 62 circuit and criminal court judges in Tennessee concerning their compliance with Rule

Plea Bargaining and the Administration of Criminal Justice in Nigeria: A Moral Critique

The idea of “justice” normatively reflects “justitia” in the Roman worldview: “fiat justitia, ruat caelum” (may there be justice though the heavens fall). That is, justice must prevail no matter

Is plea bargaining a rational choice? Plea bargaining as an engine of racial stratification and overcrowding in the United States prison system

The United States incarcerates 1% of American adults. Incarceration rates have increased steadily since 1970 even while criminal activity has dropped. Additionally, while crime rates are relatively

Let's make a deal: Exploring plea acceptance rates in the guilty and the innocent

Research on juror decision-making has been vast. Research on plea-bargaining, in contrast, has been scarce. This fact runs in opposition to the reality that less than 10% of cases in most