The Cost of Plea Bargains

Reflections and Recommendations from the ABA Plea Bargain Task Force

By: Lucian E. Dervan (Editor), Russell D. Covey (Editor), Thea Johnson (Editor)

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Paperback | 13 August 2024

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From its early days in New England townships to its rise to dominance in the 20th century, plea bargaining has always presented both benefits and challenges. But how does a system obtain the benefits of these bargains without jeopardizing the fundamental rights at the center of the criminal justice system?

The Cost of Plea Bargains contains the complete task force report, including the 14 Principles that have now been adopted as the official policy of the ABA. These 14 Principles, which cover a host of topics such as the use of impermissibly coercive incentives, the use of pretrial detention in plea bargaining, the provision of adequate discovery before a defendant pleads guilty, and the collection of plea bargaining data by the courts, offer a vision for a fairer, more transparent, and more just plea bargain system. In addition, readers are offered deeper insights into many of the concepts, concerns, and proposals raised in the task force's findings through chapters authored by task force members representing various corners of the criminal justice system.

The Cost of Plea Bargains is an insightful read for anyone with an interest in our legal system. From the casual reader interested in learning more about plea bargaining to practitioners, courts, and policy makers interested in furthering their understanding of the challenges to reform. The Cost of Plea Bargains offers a wealth of knowledge, insight, and inspiration.

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