Sarat ch. 30 "American Courts" and 32 "Torture & Plea Bargaining"

1. The readings have two very different explanations for the existence of plea bargaining. What reasons does Lawrence Baum give? What is the real reason, according to John Langbein? Is it a problem when, because of a plea bargain, the prosecutor's charge bears little relation to the "real" crime?
2. Why does Langbein say that plea bargaining is like torture? What causes both plea bargaining and torture? To whom does plea bargaining give the greatest advantage, and why is that a moral problem?
3. After reading the two selections, do you find any redeeming feature to plea bargaining? How could we fix the defects in the system?
4. Frontline's "The Plea" is a compelling piece of storytelling, but is it representative of the practice of plea bargaining? Explain why or why not. Does plea bargaining serve the interests of justice? Explain.