Criminal Law - Plea Bargaining in Nebraska - The Prosecutor's Perspective
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FIRST PARAGRAPH(S)|A diversity of opinion surrounds the institution of plea bargaining. In large metropolitan areas many participants in the criminal justice system would agree that plea bargaining is a result of circumstance rather than choice. In some cities, criminal caseload has doubled in the last ten years while available judicial resources have remained constant. In the face of this administrative crisis, increasing reliance on plea bargaining, often referred to as plea negotiation, has enabled the system to remain functional. Indeed, statistics suggest a complete dependence. Roughly ninety percent of all defendants convicted of crime in state and federal courts plead guilty rather than go to trial. While this figure does not specify the number of guilty pleas that were in fact negotiated, the prevalence of the plea bargaining process is apparent. Even the American Bar Association, by attempting to improve the procedural safeguards in plea bargaining, has implicitly conceded its necessity...
11 Creighton L. Rev. 94 (1977-1978)
Creighton University School of Law