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Does plea bargaining violate fifth amendment rights against self incriminaTION?
Wiki User
∙ 14y ago
The right against self incrimination, provided by the 5th Amendment to the US Constitution, is supposed to protect against coerced confessions. Plea Bargaining where an innocent person is convinced that there is enough circumstantial evidence to convict should there be a trial, may be considered coerced to confess to something he did not do, in order to get the benefit of the plea bargain, and a lesser sentence than if he went to trial. This obviates the benefits of the Fifth Amendment.
Wiki User
∙ 14y ago
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