The "Science" of Plea Bargaining
Simple Justice: Plea bargaining is a ubiquitous feature of criminal law, but hardly something that speaks well of the criminal justice system. So when I read Doug Berman’s introduction of a new blog about plea bargaining, I cringed.
The blog is called, quite simply, The Plea Bargaining Blog, giving it points for title clarity. The subtitle, on the other hand, goes on at far greater length:
The Plea Bargaining Blog is dedicated to scholarship, articles and news regarding plea bargaining in criminal cases in the United States and around the world. On average, 95% of all criminal cases are resolved through plea bargains. As such, it is an integral part of the criminal justice system worthy of continuous examination and discussion. The purpose of this blog is to further our understanding of the plea bargaining machine and its role in the criminal justice system.
While I have severe reservations that this is a subject worthy of too much scholarship, it’s certainly true that it is an integral part of the system. But does that make it “worthy of continuous examination and discussion?” That strikes me as a non sequitur. So I went to the blog to see what sort of examination there was to be had.
The blog is authored by Lucian E. Dervan, an associate with a Florida law firm with which I was unfamiliar. But from the sidebar, both noting his prior articles and links to lawprof blogs, it seemed that Lucian had one eye looking toward the academy. Perhaps this was going to be the focus of his scholarship on the road to professorship. The lawprofs all talk about how one has to stake a claim to scholarship if you want to get an office in the Ivory Tower.
The newest post discusses a “rocket docket” in Brevard County, Florida, apparently intended to expedite mass pleas to clear out…