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Full-Text Articles in Law
An Honest Approach To Plea Bargaining, Steven P. Grossman
An Honest Approach To Plea Bargaining, Steven P. Grossman
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In this Article, the author argues that differential sentencing of criminal defendants who plead guilty and those who go to trial is, primarily, a punishment for the defendant exercising the right to trial. The proposed solution requires an analysis of the differential sentencing motivation in light of the benefit to society and the drawbacks inherent in the plea bargaining system.
Survey Of Criminal Procedure — Alternative Dispositions Of Defendants, Charles Shafer
Survey Of Criminal Procedure — Alternative Dispositions Of Defendants, Charles Shafer
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The criminal justice system provides various alternatives for the disposition of criminal defendants. Three of these alternatives, pretrial intervention, drug treatment, and probation, were dealt with in recent New Jersey Supreme Court decisions. The court examined the substantive criteria and procedures used in assigning each disposition and focused primarily on the desire to provide rehabilitative opportunities for each defendant. This note will examine those decisions and the implications of the court's concentration on the goal of rehabilitation.