Judicial Participation in Plea Negotiations: A Comparative View
Jenia Iontcheva Turner
Southern Methodist University - Dedman School of Law
American Journal of Comparative Law, Vol. 94, 2006
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.
Number of Pages in PDF File: 70
Keywords: plea bargaining, plea negotiations, judges, criminal procedure, comparative
JEL Classification: K00, K14, K33, K40, K42Accepted Paper Series
Date posted: December 28, 2005
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