Faculty Journal Articles and Book Chapters

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

Publication Date

2006

Document Type

Article

Keywords

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

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Digital Object Identifier (DOI)

https://doi.org/10.1093/ajcl/54.1.199