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In a system where ninety percent or more of cases end in a negotiated disposition, it is unclear why the "discounted" punishment imposed in that ninety percent of cases should not rather be considered the norm. Where almost no one pays the "manufacturer's suggested retail price," and almost everyone buys the item at a "discounted" price, no one really gets a "bargain," and the product's real price is what is actually charged in the marketplace.
Gerard E. Lynch (9 July 2003), Screening versus Plea Bargaining: Exactly What Are We Trading Off?, 55, Stanford Law Review | ||
