Judicial Participation in Plea Negotiations: A Comparative View

Authors

Jenia I. Turner, Southern Methodist University, Dedman School of LawFollow

Abstract

Current rules in most U.S. jurisdictions prohibit judges from becoming involved in plea negotiations and limit the judges' role to reviewing a plea bargain once it is presented by the parties. The enclosed article surveys three systems that provide for more significant judicial involvement - Germany, Florida, and Connecticut - and suggests that a judge's early input into plea negotiations can render the final disposition more accurate and procedurally just. Based on interviews with practitioners and a review of the case law, the article outlines a model for greater judicial involvement in plea negotiations.

Publication Title

American Journal of Comparative Law

Document Type

Article

Keywords

plea bargaining, plea negotiations, judges, criminal procedure, comparative

Recommended Citation

Jenia Iontcheva Turner, Judicial Participation in Plea Negotiations: A Comparative View, 54 Am. J. Comp. L. 199 (2006)