A Plebiscitary Bargain

Abstract

This Article explores whether public participation could be used to enhance the fairness and democratic legitimacy of plea bargaining in the United States. In particular, the Article focuses on a proposal made by Jason Mazzone for the use of grand jury-like panels to evaluate plea bargains. Although some scholars have praised Mazzone’s proposal, neither they nor Mazzone has argued that citizen review of plea bargains would be feasible. This Article defends the proposal of citizen review panels and offers practical ways to implement this proposal to avoid plea bargaining excesses and to render plea bargaining more democratically legitimate.

Keywords: plea bargains, juries, democracy, public participation

JEL Classification: K14