Abolishing plea bargaining: An end to the same old song and dance

From: American Journal of Criminal Law | Date: July 1, 1999| Author: | Copyright information

I. Introduction

The idea that plea bargaining should be abolished is not a novel one.1

However, many legal commentators and participants view plea bargaining as inevitable.2 Both supporters and opponents of plea bargaining have used various means to support their positions, including economic analysis,3 courtroom group theory,4 agency costs,5 legal studies,6 and statistiCS.7 Now, supporters of abolishing plea bargaining have a new argument raised by the Supreme Court decision in Bailey v. United States.8

Title 18, United States Code, section 924(c) (1), allows for the enhanced punishment ...

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