Plea Bargaining and its History
Bibliographic Data
| ID | 4084497 |
|---|---|
| Authors | Albert W Alschuler (corresponding author) |
| Year | 1979 |
| Volume | 13 |
| Issue | 2 |
| Pages | 211-245 |
| Publication date | 1979-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law & Society Review (JOURNAL) |
| Journal identifiers | ISSN: 0023-9216 • E-ISSN: 1540-5893 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/3053250 |
| OpenAlex | W2315946666 |
| Language | EN |
| Citations received | 31 |
| References cited | 11 |
For most of the history of the common law, Anglo-American courts did not encourage guilty pleas but actively discouraged them. Plea bargaining emerged as a significant practice only after the American Civil War, and it generally met with strong disapproval on the part of appellate courts. This practice nevertheless became a dominant method of resolving criminal cases at the end of the nineteenth century and beginning of the twentieth, and it attracted significant attention and criticism as a result of crime commission studies in the 1920s. In recent years, American criminal courts have become even more dependent on the guilty plea, but the good press that plea bargaining currently enjoys in legal and social science circles is a very recent development. This article explores changes in guilty plea practices and in attitudes toward the guilty plea from the Middle Ages to the present
Commission · Criminal justice · Criminology · Criticism · Plea · Political science · Sociology · Criminal Law and Evidence · Judicial and Constitutional Studies · Law · Law, Economics, and Judicial Systems
Language in the Legal Process
Guilt
Leniency Policies in the Prosecution of Economic Crimes and Corruption
Shadow of the trial jako model służący rekonstrukcji procesu negocjacji stron nad zawarciem porozumienia karnoprocesowego w systemach common law
A imbricação entre maxiprocessos e colaboração premiada
O caso das Bruxas de Salem e a origem do plea bargaining norte-americano
The Social Origins of Plea Bargaining
Judges, juries, and the decision to convict
What else is sociology of law? Reflection on John Griffiths's What is sociology of law
Sociolegal Approaches to the Study of Guilty Pleas and Prosecution
Plea Bargaining and the Eclipse of the Jury
Reflections on the Exercise of Prosecutorial Discretion 50 Years After Publication of The Challenge of Crime in a Free Society
The scales of justice
Literacy and the civilization of violence in 19th-century France
The New Legal Scholarship
Trials and Tribulations
Felony plea bargaining and probation
Private counsels and public defenders
The impact of plea bargaining on sexual offences in Spain
The negotiated guilty plea
Club Fed” and the Sentencing of White‐collar Offenders Before and After Watergate
Whose decision is it anyway? Defendants’ prior experience shapes prosecutorial case dismissal
From Plea Negotiation to Coercive Justice
Plea Bargaining Policy and State District Court Caseloads
The Social Origins of Plea Bargaining
Exploring sentencing in three European cities
Continuity and Change in Patterns of Case Handling
Is plea bargaining a rational choice? Plea bargaining as an engine of racial stratification and overcrowding in the United States prison system
American Adversarialism
Race, Colonialism, and Criminal Law
Social Order and Plea Bargaining in the Courtroom
| Unique citing works | 31 |
|---|---|
| Citations per year | 0,66 |
| Citation span | 1979 - 2026 (48) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 30 |