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