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, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 18 September 2019

Principled Criminal Prosecution and Half-Loaves

Principled Criminal Prosecution and Half-Loaves

Chapter:
(p.191) 8 Principled Criminal Prosecution and Half-Loaves
Source:
The Ethics of Plea Bargaining
Author(s):

Richard L. Lippke

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199641468.003.0009

In some instances, state officials offer defendants substantial waiver rewards because they recognize that the evidence which they have is short of conclusive. It is thought better to secure some punishment of defendants than to risk trials at which they might be acquitted. This “half-loaf” defense of plea bargaining is the subject of Chapter 8. It is argued that principled prosecutors and judges would not seek to bypass fair procedures designed to protect the innocent. Principled state officials will thus eschew half-loaf plea bargaining. They will offer modest waiver rewards, proceed to trial if defendants refuse such offers, or drop charges for which there is insufficient evidence. The hard cases will be those in which state officials have inadmissible evidence which they are certain confirms the guilt of individuals with respect to serious crimes. These cases are examined at length.

Keywords:   criminal prosecution, procedural justice, innocent defendants, half-loaves, standard of proof, waiver rewards

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 .