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

Published online by Cambridge University Press:  01 January 1979

William F. McDonald
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Abstract

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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.

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

ALSCHULER, Albert W. (1968) “The Prosecutor's Role in Plea Bargaining,” 36 University of Chicago Law Review 50.Google Scholar
ALSCHULER, Albert W. (1979) “Plea Bargaining and Its History,” 79 Columbia Law Review 1.Google Scholar
BALDWIN, John and McCONVILLE, Michael (1977) Negotiated Justice. London: Martin Robertson.Google Scholar
GOLDSTEIN, Abraham S. and Marvin, MARCUS (1977) “The Myth of Judicial Supervision in Three Inquisitorial' Systems: France, Italy, and Germany,” 87 Yale Law Journal 240.Google Scholar
GOODE, William J. and Paul K., HATT (1952) Methods of Social Research. New York: McGraw Hill.Google Scholar
KLEIN, John F. (1976) Let's Make a Deal. Lexington, Mass.: Lexington Books.Google Scholar
MATHER, Lynn M. (1974) “Some Determinants of the Method of Case Disposition: Decision-Making by Public Defenders in Los Angeles,” 8 Law & Society Review 187.Google Scholar
MILLER, Herbert S., McDONALD, William F., and James A., CRAMER (1978) Plea Bargaining in the United States. Washington, D.C.: National Institute of Law Enforcement and Criminal Justice.Google Scholar
NEWMAN, Donald J. (1966) Conviction: The Determination of Guilt or Innocence without Trial. Boston: Little Brown.Google Scholar
SINCLAIR, W. and J., JACOBS (1978) “Are These America's Political Prisoners?” Washington Post (January 8) pp. D1 and D4.Google Scholar
TAPPAN, Paul (1960) Crime, Justice and Society. New York: McGraw Hill.Google Scholar