Ericson and Baranek (1982) argue that the formal system operates only in theory, therefore "legal justice" does not exist. What form of justice do most defendants receive?

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Ericson and Baranek (1982) argue that in practice, the formal legal system often gives way to a process of negotiation and compromise, leading to what they term "bargain justice." This concept reflects the reality that many legal outcomes are the result of plea bargaining and other forms of negotiation rather than strict adherence to formal legal procedures and principles.

Ericson and Baranek (1982) Argue That the Formal System Operates