COMMENT: CONSTITUTIONAL ALTERNATIVES TO PLEA BARGAINING: A NEW WAIVE Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 1984 The Trustees of The University of Pennsylvania 
University of Pennsylvania Law Review

COMMENT: CONSTITUTIONAL ALTERNATIVES TO PLEA BARGAINING: A NEW WAIVE

JANUARY, 1984

132 U. Pa. L. Rev. 327

Excerpt

I. INTRODUCTION

The right to a trial by jury, a right guaranteed by the sixth amendment, 1 has been seriously undermined by the huge criminal caseload and the limited resources of our judicial system. Jury trial has become the exception rather than the rule as guilty pleas dispose of the vast majority of criminal cases without trial. 2 Plea bargaining, the system whereby criminal defendants are given inducements in the form of reduced charges or lighter sentences in exchange for pleading guilty, has been accepted as a necessary evil and upheld by the Supreme Court as a constitutional method of determining guilt. 3 Some commentators, however, dispute the Supreme Court's view, arguing that plea bargaining infringes a criminal defendant's absolute right to a trial by jury, and thus is unconstitutional. 4 These commentators urge that the system provide resources adequate to permit the exercise of this constitutional right. 5

Alternatives to increasing resources do, however, exist. Several major American cities have tried using criminal bench trials for the same purpose that most other cities have used guilty pleas: as an inexpensive alternative to jury trials. 6 In these jurisdictions, the state promises to drop charges or deliver reduced sentences in return, not for the criminal defendant's waiver of his right to trial but rather for the defendant's waiver of his right to have a jury determine his guilt. Like cities that rely heavily on securing guilty pleas, cities that dispose of a significant ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities