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The Ethics of Plea Bargaining$
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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

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Rewarding Cooperation

Rewarding Cooperation

(p.146) 6 Rewarding Cooperation
The Ethics of Plea Bargaining

Richard L. Lippke

Oxford University Press

Waiver rewards are also used by state officials to secure the cooperation of defendants in providing incriminating evidence against their accomplices in crime. Such “cooperation rewards” have been objected to on the grounds that they yield absolute and comparative injustices, encourage betrayal, and produce unreliable evidence. These arguments are examined in detail. Though some of the problems with cooperation rewards are found to be more apparent than real, good reasons emerge for limiting their magnitude and thus constraining the abilities of state officials to manipulate them.

Keywords:   cooperation rewards, betrayal, absolute justice, comparative justice, evidence reliability, overcriminalization

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