The criminal justice system is marked by a tension between procedural and substantive justice.
The former is intended to facilitate achievement of the latter, of course, but strict adherence to
procedural justice does not always result in substantive justice. Are there particular elements of
criminal procedure that are especially sensitive to producing results that are not consonant with
substantive justice? What factors increase the chance that a defendant will plead guilty? How are
these affected by plea bargaining? (As you answer this, discuss the three stages of plea
bargaining, as well as its advantages and disadvantages). Are public defenders as effective as a
private lawyer? How do each of these elements impact racial justice?