Plea Bargaining Outside the Shadow of Trial

Bibas, S. (2004). Plea Bargaining Outside the Shadow of Trial. Harvard Law Review, 117(8), 2463-2547.

Type

Journal article

Intellectual base

Primary research

Year

2004

DOI

10.2307/4093404

Link

https://doi.org/10.2307/4093404

Cited from

economics_finance

Cited by

2 citations across 2 artifacts.

Each citation links to the sentence it supports in the citing article.

Primes

• Conditional Access
  • In criminal law it is the plea bargain, where the desired item — a reduced sentence and certainty — is offered only conditional on the undesired item — a guilty plea and waiver of trial rights.

    This sourceAnalyzes the plea bargain and the trial penalty — sentence reduction and certainty offered only conditional on a guilty plea and waiver of trial rights — as structural coercion shaped by each side's outside options.

Domain-specific

• Shadow of the law
  • Parties bargain in the shadow of law when predictions about liability, sentence, remedies, cost, delay, and enforcement shape negotiated alternatives.

Verification

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