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"Some Reflections on Ethics and Plea Bargaining: An Essay in Honor of Fred Zacharias"

By Douglas A. Berman

It seems like I have decided to make this summer Friday a good day for reading about plea bargaining. In addition to this recently noted piece, the title of this post references another great-looking plea bargaining read available here via SSRN. Authored by Michael Cassidy, here is the abstract: In this article the author explores what it means for a prosecutor to ?do justice? in a plea bargaining context. Although the vast majority of criminal cases in the United States are resolved by guilty plea rather than by trial, ABA Model Rule 3.8, the special disciplinary rule applicable to prosecutors, has very little to say about plea bargaining. Scrutinizing the multiplicity of interests at stake in plea bargaining, the author suggests that a prosecutor?s primary objectives during negotiations should be efficiency, equality, autonomy, and transparency...continue to full post

Full post as published by Sentencing Law and Policy on August 13, 2010 (boomark / email).