The Morality of Plea Bargaining. From: Social Theory and Practice | Date: March 22, 2000| Author: | COPYRIGHT 2000 Social Theory and Practice-Florida State University. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group.Copyright information

For at least a century, the institution of plea bargaining(1) has been a central feature of the American system of criminal justice.(2) Lawyers and non-lawyers alike have generally assumed that the reason for this is the enormous size of the case load in relation to the available legal personnel. However, recent experiments involving the partial or complete abolition of plea bargaining have cast doubt on the adequacy of this explanation. For example, in an analysis of Alaska's ban on plea bargaining in the mid-1970s, Rubinstein and White were surprised to find that

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