Jump to ContentJump to Main Navigation
The Ethics of Plea Bargaining$
Users without a subscription are not able to see the full content.

Richard L. Lippke

Print publication date: 2011

Print ISBN-13: 9780199641468

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199641468.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 January 2022

Waiver Rewards and the Reduction of Crime

Waiver Rewards and the Reduction of Crime

(p.119) 5 Waiver Rewards and the Reduction of Crime
The Ethics of Plea Bargaining

Richard L. Lippke

Oxford University Press

Large and variable waiver rewards have also been defended on the grounds that they enable state officials to process significantly more criminal cases given their fixed resources, thereby strengthening the deterrent signals sent by legal punishment. This crime reduction rationale for such waiver rewards is shown to be unpersuasive. Alternatives, such as modest, fixed rewards or negotiable but capped rewards, will likely have comparable crime reduction effects. Also, to the extent that we permit freewheeling forms of plea bargaining, we risk undermining the norm-reinforcement function of the criminal law. It seems better, if our aim is to keep crime in check, for state officials to convey the message that offending is a serious thing that will be given little quarter. Further, overcriminalization in all its forms is shown to complicate the crime reduction analysis of plea bargaining.

Keywords:   waiver rewards, crime reduction, deterrence, criminal law, norm reinforcement, overcriminalization

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .