Honesty and Opacity in Charge Bargains (Response to Article by Gerard Lunch in This Issue, P. 1399) - Stanford Law School

Honesty and Opacity in Charge Bargains (Response to Article by Gerard Lunch in This Issue, P. 1399)

By Stanford Law School

  • Release Date - Published: 2003-04-01
  • Book Genre: Law
  • Author: Stanford Law School
Our rating: 5/5 stars

Score: (From 0 Ratings)

Honesty and Opacity in Charge Bargains (Response to Article by Gerard Lunch in This Issue, P. 1399) Stanford Law School read online review & book description:

Judge Gerard Lynch has helped legal scholars recognize what observers in the trenches have known for years: American criminal justice systems have become administrative systems mn by executive-branch officials (namely, prosecutors). (1) In these administrative criminal justice systems, judges serve as mere functionaries, only occasionally supervising the determination of guilt, and maintaining a somewhat larger voice at sentencing. We are therefore deeply grateful that Judge Lynch, who knows the centrality of the prosecutor in criminal "adjudication," (2) responded to our Screening/Bargaining Tradeoff hypothesis. (3) For Judge Lynch, the kind of aggressive prosecutorial screening we propose and then explore at work in the New Orleans District Attorney's Office amounts to a "refinement" rather than an "alternative" to the dominant administrative criminal process. (4) He supports "careful screening of cases to eliminate unrealistic charges"; (5) but Judge Lynch parts with the next crucial step of the Screening/Bargaining Tradeoff, which aims to reduce the number of charge bargains (that is, cases settled through reductions of initial charges). He doubts that such restrictions on charge bargains are a good thing. When faced with a choice between an administrative system that stresses screening and suppresses later bargaining, and an administrative system that emphasizes bargaining, Lynch favors the latter.

@2019 – Go Read a Book. All Right Reserved. goreadabook.org is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for website owners, to earn advertising fees by linking and advertising to amazon.com and any other website that may be affiliated with Amazon Service LLC Associates Program; As an Amazon Associate I earn from qualifying purchases.

Honesty and Opacity in Charge Bargains (Response to Article by Gerard Lunch in This Issue, P. 1399) book review Honesty and Opacity in Charge Bargains (Response to Article by Gerard Lunch in This Issue, P. 1399) ePUB; Stanford Law School; Law books.

Post a review about this book