Could The Supreme Court Limit Plea Bargaining?

On behalf of The Marks Law Firm, L.L.C. posted in Criminal Law on Monday, April 15, 2013

One of the most significant developments in the modern era of criminal law has been the growth of plea bargaining. So many cases flood the criminal dockets in state and federal court that, without negotiated pleas of guilty in exchange for some leniency in sentencing, the criminal justice system would grind to a halt. Consequently, the system exerts pressure on prosecutors to offer pleas and defense attorneys to encourage defendants to accept pleas, which leaves the criminal defendant at risk of significant pressure to accept a suboptimal deal because defense counsel may not wish to try the case for a variety of reasons. Last term, …