Arriving at a System of Pleas

This chapter introduces the reader to plea bargaining. The chapter begins with a discussion of the mechanics of plea bargaining and the dominant forms of plea bargaining in the United States’ criminal justice system. In doing so, the chapter examines the manner in which defendants engage in bargaining and the shadow-of-trial model of bargaining. The chapter then discusses the historical rise of plea bargaining in the United States and considers whether today’s plea bargains reflect the U.S. Supreme Court’s vision of the system as laid down in the case of Brady v. United States in 1970 (Brady v. United States, 1970). Finally, the chapter concludes by briefly examining several recent Supreme Court plea bargaining cases and considers whether a renewed focus on plea bargaining jurisprudence is materializing.