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From Plea Negotiation to Coercive Justice: Notes on the Respecification of a Concept

Published online by Cambridge University Press:  01 July 2024

William F. McDonald
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Abstract

Because the literature on plea bargaining disagrees about a definition of the concept, many differences in findings and opinions are more semantic than substantive. The concept of plea bargaining should not be restricted to either pleas or bargains. The fundamental phenomenon is the state's use of coercion to obtain the legal grounds for imposing a penalty.

Type
Current Empirical Research
Information
Law & Society Review , Volume 13 , Issue 2 , Winter 1979 , pp. 385 - 392
Copyright
Copyright © 1979 Law and Society Association.

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Footnotes

This paper is based on research supported by Grant 75-NI-990129 awarded to the Georgetown University Law Center by the National Institute of Law Enforcement and Criminal Justice, Law Enforcement Assistance Administration, U.S. Department of Justice, under the Omnibus Crime Control and Safe Streets Act of 1968, as amended. Points of view or opinions stated in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice, Georgetown University, or the staff of the Project on Plea Bargaining in the United States.

References

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