Law Commons^™

Perspectives On Plea Bargaining, Malcolm M. Feeley

Malcolm Feeley

The context of legal negotiations in which plea bargaining has a place is discussed as well as its causes, consequences, & legitimacy. It is argued that justice can be facilitated through flexibility in charging & pleading, although the advantages & who obtains them in plea bargaining as well as the underlying normative issues still need to be determined by researchers. Plea bargaining reforms are briefly considered, & a general introduction is given to the special issue of Law & Society Review (1979, 13, 2, winter) (abstracts provided elsewhere in this SA issue) based upon the French Lick Conference. M. Migalski.

Plea Bargaining And The Structure Of The Criminal Process, Malcolm M. Feeley

Malcolm Feeley

No abstract provided.

Pleading Guilty In Lower Courts, Malcolm M. Feeley

Malcolm Feeley

Examined is the practice of pleading guilty to petty offenses in lower courts & questioned are some of the long-standing assumptions about the dynamics of that process. It is shown that though plea bargaining of the classical type rarely occurs, the term itself & certain aspects of bargaining continue to serve important symbolic functions. Modified Author Summary.

Combatendo A Corrupção Nos Estados Unidos, Paul Marcus

Faculty Publications

The article discusses the problematic of the fight against the corruption by the criminal justice system of the United States, mainly the white-collar crimes. It is emphasized, first, that in most of the cases does not result in trial, but in plea bargains, and, second, in many cases the encouragement from an undercover agent has served as an effective defense instrument. Finally, it is discussed the problematic of the use of information obtained from the technological devices and its probable violation to the right privacy.

This article is in Portuguese.