Toward a More Comprehensive Plea Bargaining Regulatory Regime
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Date
2024-05-01
Authors
Covey, Russell D.
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
This Article describes the lawless nature of the plea bargaining system. It argues that although there are bodies of law that deal with guilty pleas and aspects of procedure that are relevant to plea bargaining, there is very little law that regulates plea bargaining itself. This Article argues that these aspects of plea bargaining have contributed to some of the most dysfunctional aspects of modern criminal justice, including mass incarceration and an overindulgence in “assembly-line justice.”
Description
50 pages
Keywords
Trial by jury, Criminal law, Constitutional law, Plea bargaining
Citation
101 Or. L. Rev. 257