Bringing Moral Values into a Flawed Plea Bargaining System
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منابع مشابه
“It Takes Two,” So “What’s Going On?”
In his paper A (Moral) Prisoner’s Dilemma: Character Ethics and Plea Bargaining, 1 Andrew Ingram presents us with an interesting variation on the famous Prisoner’s Dilemma. Ingram’s puzzle offers a change in perspective—a Prosecutor’s Dilemma. Two coconspirators scheme to jointly participate in a spree of petty thefts. During one of the petty thefts, they run into misfortune—they are caught. Th...
متن کاملPlea Bargaining
Is plea bargaining, synonymous to pleading guilty. Day by day, partakers in criminal justice system are either in confusion or in an intellectual debate on the innovative changes in sentencing system under the Indian Criminal jurisprudence. Of course, root cause is the introduction of Chapter XXIA, in the Code of Criminal Procedure, 1973, containing Sections 265 A to 265L, which deal with plea ...
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We attempt to open a path to the comparative analysis of criminal procedure by superimposing the efficiency principle onto an adversarial system characterized by an aversion to false convictions and an inquisitorial system characterized by a desire to justly punish the guilty. We begin with a general model of plea bargaining, embed it in a larger framework that addresses the costs of adjudicati...
متن کاملThe Historical and Racial Implications of Plea Bargaining
In the legal system, plea bargaining is utilized as the standard methodology for processing defendants quickly. Due to its efficiency and flexibility, it has been the standard tool for securing convictions for the last 100 years. Due in part to its predominant role in the conviction of lower-class and minority defendants, however, it has also become the target of a great deal of scrutiny in the...
متن کاملSignaling and Plea Bargaining’s Innocence Problem
The dominant theoretical model of plea bargaining predicts that, under conditions of full information and rational choice, criminal cases should uniformly be settled through plea bargaining. That prediction holds for innocent and guilty defendants alike. Because it is perfectly rational for innocent defendants to plead guilty, plea bargaining might be said to have an "innocence problem." Plea b...
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تاریخ انتشار 2014