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It is difficult to imagine how the modern court system would continue to function if the use of plea bargaining was no longer available. Simply stated, if all defendants were to insist on taking – or were required to take – every case to a full trial, court calendars and courthouses would soon swell to overflowing, and the system would collapse under its own weight...
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Plea bargaining does serve the achievement of all these goals, by keeping the machinery of justice running smoothly.
Critics of plea bargaining exist on both sides of the issue. Certainly due process adherents have a valid point when they express concerns about the potential for abuses, wherein the presumption of innocence becomes lost in the process (Neubauer, 2002)...
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