Article by Joseph A. Colquitt
Plea bargaining is an accepted, and even essential, part of our criminal justice system, but many current plea bargaining practices are inappropriate, unethical, or illegal. Parties may agree to punishments or receive benefits that have not been provided for by law. Prosecutors and defense attorneys who make these bargains effectively act outside the law. This ad hoc process permeates the practice today. Judge Colquitt exposes the controversial, sometimes unbelievable deals that are accepted by our courts and argues that many of these deals violate current procedural and substantive laws. The author calls for enforcement of these laws and for increased regulation of the plea bargaining process.
About the Author
Joseph A. Colquitt. Jere L. Beasley Professor of Law, University of Alabama School of Law; retired circuit judge, Sixth Judicial Circuit, State of Alabama.
Citation
75 Tul. L. Rev. 695 (2001)