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Plea Bargains, Concessions and the Courts: Analysis of a Quasi-experiment

Published online by Cambridge University Press:  01 July 2024

Thomas Church Jr.
Thomas Church Jr.*
Affiliation:
Oakland University
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Extract

National debate over the predominance of plea bargaining in the administration of criminal justice in America has become increasingly strident over the past several years. Positions range from the almost unqualified endorsement of plea bargaining practices by no less an authority than the Chief Justice of the United States, through the American Bar Association's (1963) typically moderate proposal for improving procedural safeguards, to the recommendation of total abolition of the practice by the National Advisory Commission on Criminal Justice Standards and Goals (1973). Because of a dearth of hard data concerning the effects of plea bargaining on the criminal justice system, debate over the proposals has tended to produce more heat than light. In the trenchant understatement of one surveyer of the subject, “[s]uch recommendations suffer from insufficient empirical grounding and could benefit from further research on plea bargaining” (Mulkey, 1974: 54).

Type
Research Article
Information
Law & Society Review , Volume 10 , Issue 3 , Spring 1976 , pp. 377 - 401
Copyright
Copyright © 1976 The Law and Society Association.

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Footnotes

*

An earlier draft of this article was presented at the 1975 Annual Meeting of the American Political Science Association. This research was supported by a grant from the Oakland University Faculty Research Fund. I wish to thank Catherine Jensen for invaluable assistance in collection, coding and analysis of court system records and Malcolm Feeley for extensive and very helpful suggestions for revision.

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