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Yet the DOJ's extensive use of plea bargains (97% of all criminal convictions come from pleas) already generates fierce controversy in America.
The conversation shows senate leader Renan Calheiros suggesting legal changes to bar the use of plea bargains for people who have been arrested.
"Trial Judge to Appeals Court: Review Me" (editorial, July 17) broadly condemns the use of plea agreements in federal court, and particularly those that include waivers of the defendant's right to appeal.
But Mr. Ashcroft's directive effectively scales back that initiative in an effort to restrict the use of plea bargains and create what the Justice Department said would be more "transparency" in federal prosecutions.
He recently lobbied for a law that coerces federal judges into imposing longer prison sentences, and he recently directed federal prosecutors to cut back on their use of plea bargains.
Frank Bowman of Indiana University, whose ideas helped shape those guidelines, now says they are arguably "too tough".Crucially, long sentences for fraud give extra leverage to the DOJ in its use of plea bargains, in which defendants exchange their right to a trial for less severe prosecution, or shorter jail sentences.
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America makes ample use of intercepts, as do most other common-law countries and nearly all EU states.But of greater importance to America's success in foiling plots speedily is its use of plea-bargaining and "holding charges".
We may criticise the process that led to Wednesday's verdict, the paucity of the evidence and the use of a plea-bargain system that on occasion positively invites perjury.
In a 2007 study, undergraduate students were questioned about their attitudes toward the use of the insanity plea in the United States.
But the state still has not outlawed membership of a criminal organisation or allowed the use of police telephone tapping, plea bargaining and witness protection.
The not guilty stuff is a legal formality he will use to try to negotiate some kind of plea deal.
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