The Prohibition And Molding Of Plea Bargaining:1851-1919

Plea bargaining system has its own reason for being able to occupy a place in the American criminal justice system eventually. There are many factors affecting the taking shape of the plea bargaining, the prohibition is just one of them. Prohibition period is just the important period of formation of the plea bargaining, at the same time, the huge prohibited commodity cases gave some new space to apply to plea bargaining. the granting and restrictions in which prohibition gave to the prosecutors during the prohibited commodity cases were the key to the apply of the prohibited commodity cases for plea bargaining.And so the prohibition in the formation of plea bargaining rules has a certain role in promoting, reflected in the two trading pattern of charge bargaining and on-file plea bargaining which formed in the second half of the 19 th century. This influence is mainly manifested in two aspects: first, the alcohol cases created by the prohibition gave plea bargaining applicable space, the pattern at the beginning of the taking shape of the plea bargaining is the result of its applied to practice constantly. Second, the granting and restrictions which the prohibition brought to the prosecutor in plea bargaining, led directly to the formation of charges transactions and proceedings pleabargaining of these two models in practice, it is through the hands of the prosecutor,to be able to smoothly through the charge bargaining(Prohibition authorization period)or on-file plea bargaining(Prohibition restricted rights period) techniques to achieve the purpose of the transaction.The text is divided into four parts:The first part mainly elaborates the historical origin and the intersection between the American plea bargaining and prohibition when they were in prohibited commodity cases.The second part discusses the American prohibition created a large amount of alcohol cases, which gave huge pressure to the already overburdened judicial resources. Therefore, the judicial personnel have to find out the breakthrough point to solve this kind of problems,(which is the application for plea bargaining in prohibited commodity cases). That’s the reason why the American plea bargaining could be supply to the prohibited commodity cases.The third part expounds the important participant of plea bargaining that--prosecutors use charge bargaining and on-file plea bargaining two ways to deal with the defendant under the prohibition of authorization and authorization constrants, in the prohibition of authorization and authorization constraints, the use of charges transactions and on-file plea bargaining two ways to deal with the defendant, so as to make the plea bargain will eventually be able to apply in the prohibited commodity cases.The last part discusses the affection for prohibition to formation of plea bargaining, the most directly affection leads to form two ways of early plea bargaining: charge bargaining and on-file plea bargaining, which applied to different trade patterns for prohibited commodity cases in different prohibition period. It has motivational role which includes positive and negative powers to the formation of plea bargaining.