Jump to ContentJump to Main Navigation
The Ethics of Plea Bargaining$
Users without a subscription are not able to see the full content.

Richard L. Lippke

Print publication date: 2011

Print ISBN-13: 9780199641468

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199641468.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 18 October 2018

Waiver Rewards and Deserved Punishment

Waiver Rewards and Deserved Punishment

Chapter:
(p.63) 3 Waiver Rewards and Deserved Punishment
Source:
The Ethics of Plea Bargaining
Author(s):

Richard L. Lippke

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199641468.003.0004

The questions addressed concern whether and to what extent waiver rewards comport with a desert-based justification of legal punishment. They might if such rewards are appropriate responses to defendants who spare us the burdens of having to conduct criminal trials. Alternatively, waiver rewards might be cast as useful tools in the expansion of deserved punishment. However, neither of these arguments succeeds in showing that state officials should be permitted to negotiate substantial and variable waiver rewards with defendants. Modest, fixed sentence discounts comport better with absolute and comparative justice in sentencing, and might produce levels of deserved punishment that rival those produced by robust waiver rewards. Once a critical perspective is brought to bear on existing laws and sentencing schemes, it becomes much less clear whether an increase in the number of criminal convictions—the main selling point of robust forms of plea bargaining—yields more deserved punishment.

Keywords:   waiver rewards, deserved punishment, trial burdens, absolute justice, comparative justice, overcriminalization

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .