Hunter v. United States · ¶45

Really, it seems plea bargains didn't begin to emerge as an alternative to trial in serious criminal cases until the mid- nineteenth century. See C. McCoy, Plea Bargaining as Coercion, 50 Crim. L. Q. 67, 73–74 (2005). And even then, the practice usually met with intense judicial skepticism. Many judges considered the “idea that the jury right could become the subject of an agreement between the prosecutor and the defendant . . . abhorrent.” N. King, Priceless Process: Nonnegotiable Features of Criminal Litigation, 47 UCLA L. Rev. 113, 125 (1999) (collecting cases); see also A. Alschuler, Plea Bargaining and Its History, 79 Colum. L. Rev. 1, 19–22 (1979) (same).

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