Stephanos Bibas

University of Pennsylvania Law School

Professor of Law

3501 Sansom Street

Philadelphia, PA 19104

United States

http://www.law.upenn.edu/cf/faculty/sbibas/

  • University of Pennsylvania Law School

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    • Tel: 215-746-2297
SCHOLARLY PAPERS

59

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52

Scholarly Papers (59)

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1.

Plea Bargaining Outside the Shadow of Trial

Harvard Law Review, June 2004
Number of pages: 85 Posted: 23 Nov 2005
Stephanos Bibas
University of Pennsylvania Law School
Downloads 1,702 (10,529)
Citation 12

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Plea bargain, guilty plea, shadow of trial, Easterbrook, Scott, Stuntz, Alschuler, Schulhofer, negotiation, settlement, dispute resolution, psychology, behavioral law and economics, Kahneman, Tversky

2.

Regulating the Plea-Bargaining Market: From Caveat Emptor to Consumer Protection

California Law Review, Vol. 99, p. 1117, 2011, U of Penn Law School, Public Law Research Paper No. 10-33
Number of pages: 46 Posted: 20 Oct 2010 Last Revised: 27 Sep 2011
Stephanos Bibas
University of Pennsylvania Law School
Downloads 1,092 (20,847)

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criminal procedure, plea bargain, sentencing, sentence, informed, voluntary, Strickland, Hill v. Lockhart

3.

Bringing Moral Values into a Flawed Plea Bargaining System

Cornell Law Review, Vol. 88, July 2003
Number of pages: 11 Posted: 12 May 2003
Stephanos Bibas
University of Pennsylvania Law School
Downloads 606 (47,418)
Citation 5

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Plea bargaining, guilty plea, Alford, nolo contendere, no contest, criminal procedure, Alschuler, therapeutic jurisprudence

4.

Originalism and Formalism in Criminal Procedure: The Triumph of Justice Scalia, the Unlikely Friend of Criminal Defendants?

Georgetown Law Journal, Vol. 94, November 2005, U of Penn Law School, Public Law Working Paper No. 06-11
Number of pages: 22 Posted: 29 Jul 2005 Last Revised: 12 May 2009
Stephanos Bibas
University of Pennsylvania Law School
Downloads 562 (52,167)

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Scalia, Supreme Court, originalism, formalism, constitutional, interpretation, criminal procedure, Blakely, Crawford, Apprendi, Booker, Confrontation Clause, sentencing

5.

Harmonizing Substantive Criminal Law Values and Criminal Procedure: The Case of Alford and Nolo Contendere Pleas

Cornell Law Review, Vol. 88, No. 6, July 2003
Number of pages: 76 Posted: 09 Dec 2002
Stephanos Bibas
University of Pennsylvania Law School
Downloads 543 (54,490)
Citation 5

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Criminal procedure, guilty plea, plea bargain, Alford, nolo contendere, no contest, procedural, substantive

6.

Prosecutorial Regulation Versus Prosecutorial Accountability

University of Pennsylvania Law Review, Vol. 157, April 2009, U of Penn Law School, Public Law Research Paper No. 08-50
Number of pages: 58 Posted: 09 Dec 2008 Last Revised: 03 Apr 2009
Stephanos Bibas
University of Pennsylvania Law School
Downloads 539 (55,046)
Citation 1

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Criminal law, Prosecutorial discretion, accountability, management of prosecutors, election, oversight, feedback, open records, publication of prosecutorial data and information

7.

International Idealism Meets Domestic-Criminal-Procedure Realism

Duke Law Journal, Vol. 59, pp. 637, 2010, U of Penn Law School, Public Law Research Paper No. 09-10
Number of pages: 68 Posted: 16 Apr 2009 Last Revised: 08 Aug 2010
Stephanos Bibas and William W. Burke-White
University of Pennsylvania Law School and University of Pennsylvania Law School
Downloads 506 (59,588)

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Criminal Law and Procedure, International Law, institutional design, retribution, ideology, federalism, international cooperation, plea bargaining, sentencing, adversarial system, inquisitorial system, safeguards, discovery, speedy trial, witness preparation, victims rights, ICC, International Crime

8.

Triaging Appointed-Counsel Funding and Pro Se Access to Justice

University of Pennsylvania Law Review, Vol. 160, pp. 967, 2012, U of Penn Law School, Public Law Research Paper No. 11-36, University of Tennessee Legal Studies Research Paper No. 157
Number of pages: 30 Posted: 30 Aug 2011 Last Revised: 12 Apr 2012
Benjamin H. Barton and Stephanos Bibas
University of Tennessee College of Law and University of Pennsylvania Law School
Downloads 494 (61,419)
Citation 2

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Right to counsel, appointed counsel, civil Gideon, pro se litigants, pro persona, pro per, sustainable court reform, civil procedure, child support proceedings, cost-effective courts, formality and delay, resource constraints

9.

Integrating Remorse and Apology into Criminal Procedure

Yale Law Journal, Vol. 114, p. 85, 2004, Cardozo Legal Studies Research Paper No. 89
Number of pages: 64 Posted: 15 Jul 2004 Last Revised: 03 Apr 2009
Stephanos Bibas and Richard A. Bierschbach
University of Pennsylvania Law School and Wayne State University Law School
Downloads 423 (74,240)

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10.

Designing Plea Bargaining from the Ground Up: Accuracy and Fairness Without Trials as Backstops

William & Mary Law Review, Vol. 57, P. 1055, 2016, U of Penn Law School, Public Law Research Paper No. 16-6
Number of pages: 29 Posted: 07 May 2016
Stephanos Bibas
University of Pennsylvania Law School
Downloads 411 (76,863)

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Criminal procedure, adversarial and inquisitorial process, prosecutors, criminal defense, transparency, procedural justice, legitimacy, Alford plea, colloquy, allocution

11.

The Psychology of Hindsight and After-the-Fact Review of Ineffective Assistance of Counsel

Utah Law Review, March 2004
Number of pages: 11 Posted: 21 Dec 2003 Last Revised: 12 May 2009
Stephanos Bibas
University of Pennsylvania Law School
Downloads 398 (79,956)
Citation 5

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Strickland, ineffective assistance, Sixth Amendment, psychology, hindsight, inevitable, defense counsel, appointed counsel, public defender, funding

12.

The Right to Remain Silent Helps Only the Guilty

Number of pages: 13 Posted: 29 Aug 2002
Stephanos Bibas
University of Pennsylvania Law School
Downloads 392 (81,118)

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Seidmann, Stein, criminal procedure, right to remain silent, Fifth Amendment, privilege against self-incrimination, Miranda, innocent, interrogation, questioning

13.

Transparency and Participation in Criminal Procedure

New York University Law Review, Vol. 86, p. 911, 2006, U of Penn Law School, Public Law Working Paper No. 06-28, U Iowa Legal Studies Research Paper No. 05-30, U of Chicago, Public Law Working Paper No. 117
Number of pages: 53 Posted: 13 Dec 2005 Last Revised: 03 Apr 2009
Stephanos Bibas
University of Pennsylvania Law School
Downloads 383 (83,372)

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criminal procedure, criminal justice, prosecutors, police, transparency, participation, punishment, trust, legitimacy, monitoring, agency costs

14.

The Machinery of Criminal Justice

THE MACHINERY OF CRIMINAL JUSTICE, S. Bibas, Oxford University Press, 2012, U of Penn Law School, Public Law Research Paper No. 12-16
Number of pages: 20 Posted: 25 Feb 2012
Stephanos Bibas
University of Pennsylvania Law School
Downloads 377 (84,950)

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Criminal law and procedure, American criminal justice system, sentencing, plea bargain, guilty plea, negotiation, settlement, dispute resolution, right to trial, jury, efficiency, fifth amendment, sixth amendment, constitutional law, fairness, procedural justice

15.

The Story of Brady V. Maryland: From Adversarial Gamesmanship Toward the Search for Innocence?

CRIMINAL PROCEDURE STORIES, Carol Steiker, ed., 2005, U of Penn Law School, Public Law Working Paper No. 06-08
Number of pages: 22 Posted: 29 Jul 2005
Stephanos Bibas
University of Pennsylvania Law School
Downloads 367 (87,624)

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criminal procedure, Brady, adversarial, inquisitorial, innocence, prosecutor, exculpatory, impeachment, Giglio

16.

The Sixth Amendment and Criminal Sentencing

Cardozo Law Review, 2008, U of Texas Law, Public Law Research Paper No. 135, U of Penn Law School, Public Law Research Paper No. 08-20
Number of pages: 32 Posted: 14 Mar 2008 Last Revised: 07 Apr 2010
Stephanos Bibas and Susan R. Klein
University of Pennsylvania Law School and University of Texas School of Law
Downloads 319 (102,643)

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17.

Justice Scalia's Originalism and Formalism: The Rule of Criminal Law as a Law of Rules

Special Report No. 186, Aug 2016, U of Penn Law School, Public Law Research Paper No. 16-32
Number of pages: 10 Posted: 02 Sep 2016
Stephanos Bibas
University of Pennsylvania Law School
Downloads 303 (108,509)

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Supreme Court of the United States, SCOTUS, Justice Antonin Scalia, Jurisprudence, Constitutional Law, Fourth Amendment, Sixth Amendment, Eighth Amendment, Legal Theory, Methodology, Interpretation, Confrontation Clause, Jury Trials, Search and Seizure, Death Penalty, Lenity, Notice, Rule of Law

18.

The Real-World Shift in Criminal Procedure

Journal of Criminal Law and Criminology, Winter 2003
Number of pages: 30 Posted: 03 Dec 2002
Stephanos Bibas
University of Pennsylvania Law School
Downloads 276 (119,871)
Citation 4

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criminal procedure, casebook, Ronald Wright, Marc Miller, Debra Livingston, Joseph Hoffman, William Stuntz, Ronald Allen, teaching methods

19.

The Blakely Earthquake Exposes the Procedure/Substance Fault Line

Downloads 274 (120,809)

The Blakely Earthquake Exposes the Procedure/Substance Fault Line

U Iowa Legal Studies Research Paper No. 05-01
Number of pages: 5 Posted: 21 Jan 2005
Stephanos Bibas
University of Pennsylvania Law School
Downloads 185 (176,494)

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Apprendi, Blakely, determinate sentencing, sentencing guidelines, criminal procedure, sentencing

The Blakely Earthquake Exposes the Procedure/Substance Fault Line

Federal Sentencing Reporter, Vol. 17, No. 4, April 2005
Number of pages: 3 Posted: 31 May 2005
Stephanos Bibas
University of Pennsylvania Law School
Downloads 89 (310,857)

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Apprendi, Blakely, Booker, criminal procedure, Due Process Clause, Sixth Amendment, reasonable doubt, jury trial

20.

Engaging Capital Emotions

Northwestern University Law Review, Vol. 102, P. 355, 2008, U of Penn Law School, Public Law Research Paper No. 08-21, Ohio State Public Law Working Paper No. 113
Number of pages: 11 Posted: 31 May 2008 Last Revised: 20 Aug 2014
Douglas A. Berman and Stephanos Bibas
Ohio State University (OSU) - Michael E. Moritz College of Law and University of Pennsylvania Law School
Downloads 267 (124,085)
Citation 1

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death penalty, capital punishment, emotions, Kennedy v. Louisiana, Eighth Amendment, child rape, innocence, wrongful conviction, exoneration, deterrence, justice, mercy

21.

What's Wrong With Sentencing Equality?

Virginia Law Review, Vol. 102, P. 1447, 2016, Cardozo Legal Studies Research Paper No. 492, U of Penn Law School, Public Law Research Paper No. 16-25
Number of pages: 76 Posted: 11 Aug 2016 Last Revised: 06 Oct 2016
Richard A. Bierschbach and Stephanos Bibas
Wayne State University Law School and University of Pennsylvania Law School
Downloads 257 (129,204)

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Sentencing, punishment, equality, checks and balances, localism, criminal law, criminal procedure, restorative justice, Realignment, sentencing guidelines

22.

The Feeney Amendment and the Continuing Rise of Prosecutorial Power to Plea Bargain

Journal of Criminal Law & Criminology, Vol. 94, Winter 2004
Number of pages: 20 Posted: 21 Dec 2003
Stephanos Bibas
University of Pennsylvania Law School
Downloads 254 (130,710)

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Feeney, Protect Act, sentencing, guidelines, Sentencing Commission, departures, Congress, criminal procedure, judges, prosecutors

23.

Policing Politics at Sentencing

Northwestern University Law Review, Vol. 103, pp. 1371, 2009, U of Penn Law School, Public Law Research Paper No. 08-37, Northwestern Public Law Research Paper No. 08-29
Number of pages: 28 Posted: 07 Mar 2008 Last Revised: 12 Nov 2009
Stephanos Bibas, Max M. Schanzenbach and Emerson H. Tiller
University of Pennsylvania Law School, Northwestern University - Pritzker School of Law and Northwestern University - Pritzker School of Law
Downloads 240 (138,350)

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criminal law and procedure, sentencing, guidelines, discretion

24.

Making Sentencing Sensible

Ohio State Journal of Criminal Law, Vol. 4, 2006, U of Penn Law School, Public Law Working Paper No. 06-42
Number of pages: 37 Posted: 26 Oct 2006
Douglas A. Berman and Stephanos Bibas
Ohio State University (OSU) - Michael E. Moritz College of Law and University of Pennsylvania Law School
Downloads 231 (143,554)
Citation 1

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Criminal Law and Procedure, Sentencing, Guidelines, Experimentation

25.

The Rehnquist Court's Fifth Amendment Incrementalism

74 Geo. Wash. L. Rev. 1078 (2006).
Number of pages: 14 Posted: 20 Oct 2005 Last Revised: 03 Apr 2009
Stephanos Bibas
University of Pennsylvania Law School
Downloads 226 (146,653)

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criminal procedure, fifth amendment, Rehnquist Court, self-incrimination, Miranda, exclusionary rule

26.

Rewarding Prosecutors for Performance

Ohio State Journal of Criminal Law, Vol. 6, pp. 441, 2009, U of Penn Law School, Public Law Research Paper No. 08-51
Number of pages: 12 Posted: 12 Dec 2008 Last Revised: 19 Apr 2009
Stephanos Bibas
University of Pennsylvania Law School
Downloads 224 (147,946)

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Criminal law, prosecutorial discretion, prosecutorial incentives, accountability, management of prosecutors, conviction rates, oversight, feedback, victims, peers, compensation, promotion, bonuses, contingency fees

27.

Rationing Criminal Justice

Michigan Law Review, Vol. 116, p. 187, 2017, Cardozo Legal Studies Research Paper No. 512, U of Penn Law School, Public Law Research Paper No. 17-10
Number of pages: 60 Posted: 01 Mar 2017 Last Revised: 02 Nov 2017
Richard A. Bierschbach and Stephanos Bibas
Wayne State University Law School and University of Pennsylvania Law School
Downloads 209 (157,875)
Citation 1

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Punishment, sentencing, policing, externalities, criminal justice, criminal law, criminal procedure, prosecutors, prisons, parole, regulation, regulatory budgets, state and local government, cost-benefit analysis, cap and trade, taxing, devolution, localism, distributive justice

28.

Incompetent Plea Bargaining and Extrajudicial Reforms

Harvard Law Review, Vol. 126, p. 150, 2012, U of Penn Law School, Public Law Research Paper No. 13-12
Number of pages: 26 Posted: 24 May 2013
Stephanos Bibas
University of Pennsylvania Law School
Downloads 203 (162,277)

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Constitutional law, criminal law and procedure, Sixth Amendment, plea bargaining, sentencing, criminal charging decisions, prosecutorial incentives, ineffective assistance of counsel, Missouri v. Frye, Lafler v. Cooper

29.

Notice-and-Comment Sentencing

Minnesota Law Review, Vol. 97, No. 1, 2012, Cardozo Legal Studies Research Paper No. 373, U of Penn Law School, Public Law Research Paper No. 12-41
Number of pages: 72 Posted: 08 Oct 2012 Last Revised: 29 Nov 2012
Richard A. Bierschbach and Stephanos Bibas
Wayne State University Law School and University of Pennsylvania Law School
Downloads 190 (172,422)

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sentencing, plea bargaining, guidelines, participation, prosecutorial discretion, sentencing commissions, administrative law, notice and comment

30.

White-Collar Plea Bargaining and Sentencing after Booker

William and Mary Law Review, Vol. 47, p. 721, 2005, U of Penn Law School, Public Law Research Paper No. 09-03
Number of pages: 22 Posted: 19 Feb 2009 Last Revised: 12 May 2009
Stephanos Bibas
University of Pennsylvania Law School
Downloads 190 (172,422)

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Criminal sentences, Federal Sentencing Guidelines, white collar crime, plea bargaining, Apprendi, Blakely, Booker, Sarbanes-Oxley

31.

Pleas' Progress

Michigan Law Review, Vol. 102, 2004
Number of pages: 20 Posted: 21 Oct 2004
Stephanos Bibas
University of Pennsylvania Law School
Downloads 185 (176,581)

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Plea bargains, bargaining, plea, fisher, criminal procedure, legal history

32.

Constitutionally Tailoring Punishment

Michigan Law Review, Vol. 112, No. 3, 2013, U of Penn Law School, Public Law Research Paper No. 13-17, Cardozo Legal Studies Research Paper No. 402
Number of pages: 57 Posted: 09 Jul 2013 Last Revised: 09 Jul 2014
Richard A. Bierschbach and Stephanos Bibas
Wayne State University Law School and University of Pennsylvania Law School
Downloads 182 (179,263)

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Sixth Amendment, Eighth Amendment, sentencing, plea bargaining, punishment, individualization, parole, juries, prosecutorial discretion, proportionality, separation of powers, checks and balances, Graham, Miller, Apprendi, Woodson, Lockett, capital punishment

33.

The Heart Has its Value: The Death Penalty's Justifiable Persistence

Douglas A. Berman and Stephanos Bibas, "The Heart Has Its Value: The Death Penalty's Justifiable Persistence," in Robinson, Ferzan & Garvey, eds., Criminal Law Conversations, 2009, U of Penn Law School, Public Law Research Paper No. 08-35, Ohio State Public Law Working Paper No. 114
Number of pages: 4 Posted: 07 Aug 2008 Last Revised: 10 Apr 2009
Douglas A. Berman and Stephanos Bibas
Ohio State University (OSU) - Michael E. Moritz College of Law and University of Pennsylvania Law School
Downloads 172 (188,428)

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criminal justice, criminal procedure, capital punishment, death penalty, emotion, capital emotions

34.

Using Plea Procedures to Combat Denial and Minimization

JUDGING IN A THERAPEUTIC KEY, Bruce J. Winick & David B. Wexler, eds., 2003
Number of pages: 9 Posted: 18 Dec 2003
Stephanos Bibas
University of Pennsylvania Law School
Downloads 164 (196,199)
Citation 2

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Alford, nolo contendere, no contest, plea, guilty plea, plea bargain, Alschuler, criminal, criminal procedure, sex offender, sex offense

35.

Judicial Fact-Finding and Sentence Enhancements in a World of Guilty Pleas

Yale Law Journal, Vol. 110, P. 1097, May 2001
Number of pages: 89 Posted: 17 Jan 2002
Stephanos Bibas
University of Pennsylvania Law School
Downloads 154 (206,914)

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Apprendi, guilty pleas, plea bargaining, sentencing, Sentencing Guidelines

36.

Bulk Misdemeanor Justice

Southern California Law Review Postscript, Vol. 85, p. 101, 2013, U of Penn Law School, Public Law Research Paper No. 13-14
Number of pages: 8 Posted: 05 Jun 2013
Stephanos Bibas
University of Pennsylvania Law School
Downloads 140 (223,664)

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criminal procedure, prosecutorial discretion, criminal charging decisions, plea bargaining, police discretion, adversarial and inquisitorial models, professionalization, accountability, resource constraints, prosecutorial incentives, police incentives, Alexandra Natapoff

37.

Restoration but also More Justice

CRIMINAL LAW CONVERSATIONS, Paul H. Robinson, Kimberly Ferzan, & Stephen P. Garvey, eds., 2009, U of Penn Law School, Public Law Research Paper No. 09-06
Number of pages: 4 Posted: 26 Feb 2009 Last Revised: 10 Apr 2009
Stephanos Bibas
University of Pennsylvania Law School
Downloads 140 (224,940)

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Criminal sentences, restorative justice, punishment, deterrence, incapacitation, crime victims

38.

Political Versus Administrative Justice

Criminal Law Conversations, 2009, U of Penn Law School, Public Law Research Paper No. 08-24
Number of pages: 3 Posted: 11 Jun 2008 Last Revised: 13 Apr 2009
Stephanos Bibas
University of Pennsylvania Law School
Downloads 140 (223,664)

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criminal justice, criminal procedure, mercy, pardon, forgiveness, clemency, parole, prosecutors, rule of law, discretion, prosecutors

39.

Criminal (In)Justice and Democracy in America

Harvard Law Review Forum, Vol. 122, p. 134, 2013, U of Penn Law School, Public Law Research Paper No. 13-15
Number of pages: 12 Posted: 05 Jun 2013
Stephanos Bibas
University of Pennsylvania Law School
Downloads 139 (224,940)

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criminal law and procedure, equity in punishment, sentencing guidelines, democracy, localism, equality, professionalization, agency costs, public opinion, lay participation in criminal justice, community policing and prosecution, Nicola Lacey

40.

Blakely's Federal Aftermath

Federal Sentencing Reporter, Vol. 16, No. 5, June 2004
Number of pages: 11 Posted: 05 Aug 2004
Stephanos Bibas
University of Pennsylvania Law School
Downloads 138 (226,240)

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Blakely, Supreme Court, criminal procedure, sentencing, Apprendi, Sixth Amendment, Fifth Amendment, jury, crime, Sentencing Guidelines

41.

Apprendi's Perverse Effects on Guilty Pleas Under the Guidelines

Federal Sentencing Reporter, Vol. 13, No. 6, March/April 2001
Number of pages: 18 Posted: 08 Dec 2001
Stephanos Bibas
University of Pennsylvania Law School
Downloads 117 (256,554)
Citation 1

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Apprendi, guilty plea, plea bargain, sentencing, Sentencing Guidelines, criminal law, criminal procedure

42.

Invasions of Conscience and Faked Apologies

U of Penn Law School, Public Law Research Paper No. 08-25, in Criminal Law Conversations, 2009
Number of pages: 3 Posted: 11 Jun 2008 Last Revised: 10 Apr 2009
Stephanos Bibas
University of Pennsylvania Law School
Downloads 115 (259,724)

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Remorse, apology, forgiveness, mercy, clemency, pardon, parole, sentencing, criminal procedure, criminal justice

43.

Reforming the U.S. Sentencing Guidelines after Blakely

U Iowa Legal Studies Research Paper No. 04-01
Number of pages: 13 Posted: 13 Dec 2004
Stephanos Bibas
University of Pennsylvania Law School
Downloads 113 (262,985)

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Apprendi, Blakely, determinate sentencing, sentencing guidelines, criminal procedure, sentencing

44.

Judicial Fact-Finding at Sentencing

Encyclopedia of the Supreme Court of the United States, Macmillan Library Reference, Forthcoming, U of Penn Law School, Public Law Research No. 09-05
Number of pages: 7 Posted: 26 Feb 2009
Stephanos Bibas
University of Pennsylvania Law School
Downloads 109 (269,835)

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Criminal sentences, Federal Sentencing Guidelines, maximum sentences, juries, Apprendi, Blakely, Booker, Sixth Amendment, judicial discretion

45.

Shrinking Gideon and Expanding Alternatives to Lawyers

Washington and Lee Law Review, Vol. 70, p. 1287, 2013, U of Penn Law School, Public Law Research Paper No. 13-13
Number of pages: 23 Posted: 28 May 2013
Stephanos Bibas
University of Pennsylvania Law School
Downloads 104 (278,775)

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Gideon v. Wainwright, Sixth Amendment, constitutional law, criminal procedure, right to counsel, cost and delivery of legal services, legal profession, legal aid, alternative dispute resolution, appointed counsel, sustainable court reform, pro se litigation, resource constraints, Turner v. Rogers

46.

Justice Kennedy's Sixth Amendment Pragmatism

McGeorge Law Review, Vol. 44, Pg. 211, 2013, U of Penn Law School, Public Law Research Paper No. 13-11
Number of pages: 18 Posted: 25 May 2013
Stephanos Bibas
University of Pennsylvania Law School
Downloads 103 (280,616)

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Justice Anthony Kennedy, Supreme Court of the United States, Sixth Amendment, right to counsel, confrontation clause, right to trial by jury, constitutional interpretation, originalism, practical federalism, plea bargaining, sentencing

47.

Apprendi in the States: The Virtues of Federalism as a Structural Limit on Errors

Journal of Criminal Law and Criminology, Vol. 93, No. 4, October 2003
Number of pages: 13 Posted: 14 Aug 2003
Stephanos Bibas
University of Pennsylvania Law School
Downloads 100 (286,206)

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Apprendi, federalism, reasonable doubt, jury trial, state courts

48.

Justice Scalia and the Criminal Law

86 University of Cincinnati Law Review 743 (2018)
Number of pages: 32 Posted: 01 Apr 2019
David R. Stras, Orin S. Kerr, Rachel E. Barkow, Stephanos Bibas and Paul J. Larkin, Jr.
Minnesota Supreme Court, University of California, Berkeley School of Law, New York University School of Law, University of Pennsylvania Law School and The Heritage Foundation
Downloads 98 (290,069)

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Justice Scalia, Criminal Law, Criminal Procedure, Fourth Amendment, Sixth Amendment

49.

Regulating Local Variations in Federal Sentencing

Stanford Law Review, Vol. 58, p. 137, 2005, U of Penn Law School, Public Law Working Paper No. 06-09
Number of pages: 18 Posted: 02 Aug 2005 Last Revised: 03 Apr 2009
Stephanos Bibas
University of Pennsylvania Law School
Downloads 89 (308,323)

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criminal procedure, federal sentencing, Sentencing Guidelines, fast-track, structured sentencing, sentencing guidelines, disparity, uniformity, equality

50.

How Long? A Close Supreme Court Decision Trades Decades of Sentencing Reform for a Confusing Future

Legal Times, Vol. XXVII, No. 27, July 5, 2004
Number of pages: 3 Posted: 05 Aug 2004
Stephanos Bibas
University of Pennsylvania Law School
Downloads 80 (329,120)

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Apprendi, Blakely, Supreme Court, criminal procedure, sentencing, jury, Fifth Amendment, Sixth Amendment, Sentencing Guidelines

51.

Taming Negotiated Justice

Yale Law Journal Online, Vol. 122, Pg. 35, 2012, U of Penn Law School, Public Law Research Paper No. 13-10
Number of pages: 5 Posted: 23 May 2013
Stephanos Bibas
University of Pennsylvania Law School
Downloads 79 (331,450)

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Justice Antonin Scalia, criminal law and procedure, plea bargaining, Sixth Amendment, ineffective assistance of counsel, prosecutorial discretion, Supreme Court of the United States, sentencing guidelines

52.

Above the Fray: Supreme Court Should Let Judges Keep a Hand in Who Gets Executed

Legal Times, Vol. 25, No. 5, February 4, 2002
Number of pages: 2 Posted: 11 Feb 2002
Stephanos Bibas
University of Pennsylvania Law School
Downloads 72 (349,595)

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Apprendi, Ring, death penalty, capital punishment, race, sentencing, jury, criminal procedure

53.

How Apprendi Affects Institutional Allocations of Power

Iowa Law Review, Vol. 86, January 2002
Number of pages: 12 Posted: 07 Dec 2001
Stephanos Bibas
University of Pennsylvania Law School
Downloads 72 (349,595)

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Apprendi, guilty plea, plea bargain, sentencing, Sentencing Guidelines, criminal law, criminal procedure

54.

Exacerbating Injustice

University of Pennsylvania Law Review PENNumbra, Vol. 157, p. 53, November 2008, U of Penn Law School, Public Law Research Paper No. 09-09
Number of pages: 6 Posted: 19 Mar 2009
Stephanos Bibas
University of Pennsylvania Law School
Downloads 54 (404,261)

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Criminal sentences, justice system, plea bargaining, legal fiction, recidivists, wrongful conviction, convicting the innocent, utilitarianism, guilty plea, innocent defendants, innocence, criminal procedure

55.

The Duties of Non-Judicial Actors in Ensuring Competent Negotiation

Duquesne University Law Review, Vol. 51, p. 625, 2013, U of Penn Law School, Public Law Research Paper No. 13-16
Number of pages: 9 Posted: 07 Jun 2013
Stephanos Bibas
University of Pennsylvania Law School
Downloads 49 (421,771)

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criminal procedure, plea bargaining, legal errors and omissions, ineffective assistance of counsel, outcome of bargaining and trials, ex post review by judges, ex ante impact of Lafler v. Cooper and Missouri v. Frye, evidence-based medicine, medical errors, systemic design, checklists, judicial role

56.

Sacrificing Quality for Quantity: Better Focusing Prosecutors' Scarce Resources

Northwestern University Law Review Colloquy, Vol. 106, Pg. 138, 2011, U of Penn Law School, Public Law Research Paper No. 13-8
Number of pages: 6 Posted: 22 May 2013
Stephanos Bibas
University of Pennsylvania Law School
Downloads 48 (425,472)

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American criminal justice system, overcriminalization, funding, prosecutorial discretion, prosecutorial incentives, criminal charging decisions, management of prosecutors, Adam Gershowitz

57.

Rita v. United States Leaves More Open than it Answers

Federal Sentencing Reporter, Vol. 20, No. 28, October 2007, U of Penn Law School, Public Law Research Paper No. 09-04
Number of pages: 6 Posted: 25 Feb 2009
Stephanos Bibas
University of Pennsylvania Law School
Downloads 44 (440,761)

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Criminal sentences, Federal Sentencing Guidelines, maximum sentences, juries, Sentencing Reform Act, Apprendi, Blakely, Booker, Sixth Amendment

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Immigration law, constitutional law, criminal law & procedure, Sixth Amendment, effective assistance of counsel, citizenship, mandatory deportation, guilty plea, aggravated felony

59.

The Pitfalls of Professionalized Prosecution: A Response to Josh Bowers's 'Legal Guilt, Normative Innocence, and the Equitable Decision Not to Prosecute'

Columbia Law Review Sidebar, Vol. 111, Pg. 14, 2011, U of Penn Law School, Public Law Research Paper No. 13-9
Number of pages: 6 Posted: 23 May 2013
Stephanos Bibas
University of Pennsylvania Law School
Downloads 32 (493,314)

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criminal law and procedure, American criminal justice system, prosecutorial discretion, criminal justice policy, punishment, sentencing, Josh Bowers