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50 Crim. L.Q. 67 (2005)
Plea Bargaining as Coercion: The Trial Penalty and Plea Bargaining Reform

handle is hein.journals/clwqrty50 and id is 83 raw text is: Plea Bargaining as Coercion: The Trial
Penalty and Plea Bargaining Reform
Candace McCoy*
If great minds think alike, Joseph Di Luca and I must be brilliant.
As I read the anchor article for this volume, Expedient McJustice
or Principled Alternative Dispute Resolution?,' my eyes slowly
widened because the article's organization and Di Luca's argu-
ment about plea bargaining were exactly the same as the outline
I had prepared for writing the article you are reading now -
except mine will cover plea bargaining in the United States, not
Canada. Our policy prescriptions are similar, too, though for
different reasons. Perhaps we are naive dreamers, and the
aphorism that might apply better refers not to great minds, but to
uninformed ones: Ignorance is bliss. Perhaps the pressures of
politics and administration make plea bargaining (with a trial
penalty attached) an inevitable development in contemporary
common law courts. Certainly that has been the hard-headed
argument in the United States for decades. Mr. Di Luca does not
buy this argument, and neither do I. Our articles differ only
because we are describing different nations. I will follow the
same organization of points that Expedient McJustice does,
drawing from scholarship and judicial pronouncements from the
United States instead of Canada.
My purpose here is to review the history of plea bargaining in
the United States, critique its current manifestations, and show
*   Associate Professor of Criminal Justice, Rutgers University, Newark, New Jersey,
United States. J.D. University of Cincinnati; Ph.D. University of California,
Berkeley. Dr. McCoy is a member of the bar of the state of Ohio and the federal
bar of the Sixth Circuit. Before beginning a career in teaching and research, she
served as a research associate with the United States Sentencing Commission
from 1987-1989.
1.  Supra, this issue, at p. 14.

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