Judicial Participation in Plea Negotiations: A Comparative View

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.

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

JEL Classifications: K00, K14, K33, K40, K42

Accepted Paper Series