Plea Bargaining and the Constitution

Os americanos interrogam-se sobre se o instituto plea bargaining viola a Constituição.

Timothy Lynch, por exemplo, diz que sim:

Plea bargaining has come to dominate the administration of justice in America. Even though plea bargaining pervades the justice system, I argue that the practice should be abolished because it is unconstitutional. There is no doubt that government officials deliberately use their power to pressure people who have been accused of crime, and who are presumed innocent, to confess their guilt and to waive their right to a formal trial. [descarregue aqui o documento completo]

Mas Timothy Sandefur já responde que não:

Plea bargaining, like all government activities, is liable to abuse. Yet the mere fact that a process can be abused does not necessarily make that process unconstitutional, or immoral. Plea bargaining is rife with unfair prosecutorial tactics, and it needs reform. But the process itself is not unconstitutional, nor does it violate a defendant's rights. [descarregue aqui o documento completo]