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A Comparative Look at Plea Bargaining in Australia, Canada, England, New Zealand, and the United States.

79 Pages Posted: 4 May 2016  

Paul Marcus

William & Mary Law School

Carol A Brook

Federal Defender Program for the Northern District of Illinois

Bruno Fiannaca

Supreme Court of Western Australia

David John Harvey

University of Auckland; District Court of Auckland

Jenny McEwan

University of Exeter

Renee Pomerance

Ontario Superior Court of Justice; University of Windsor

Date Written: May 3, 2016

Abstract

In a world where the vast majority of criminal cases are resolved through some means other than the popularly depicted criminal trial, it is fundamental to a comprehensive understanding of comparative criminal procedure to study and appreciate the different mechanisms for criminal case resolution in different nations. This Article developed through a series of conversations (and ultimately a panel discussion) between six international criminal justice professionals — practicing attorneys, scholars, and judges — regarding the nature and effects of plea bargaining (and its comparative substitutes) in their respective countries. Providing a comparative look at different mechanisms for criminal case resolution, this Article examines the applicable practices and procedures in the common law nations of Australia, Canada, England, New Zealand, and the United States.

Keywords: plea bargaining, comparative criminal procedure

Suggested Citation

Marcus, Paul and Brook, Carol A and Fiannaca, Bruno and Harvey, David John and McEwan, Jenny and Pomerance, Renee, A Comparative Look at Plea Bargaining in Australia, Canada, England, New Zealand, and the United States. (May 3, 2016). William & Mary Law Review, Vol. 57, 2016. Available at SSRN: https://ssrn.com/abstract=2774262

Paul Marcus (Contact Author)

William & Mary Law School ( email )

South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States
757-221-3900 (Phone)
757-221-3261 (Fax)

Carol Brook

Federal Defender Program for the Northern District of Illinois ( email )

55 E. Monroe Street
Suite 2800
Chicago, IL 60603
United States
312-621-8339 (Phone)

Bruno Fiannaca

Supreme Court of Western Australia ( email )

Barrack St & St Georges Tce
Perth WA, 6000
Australia

David Harvey

University of Auckland ( email )

Auckland, 1010
New Zealand

District Court of Auckland ( email )

65-69 Albert Street
Auckland, 1010
New Zealand

Jenny McEwan

University of Exeter ( email )

Northcote House
The Queen's Drive
Exeter, Devon EX4 4QJ
United Kingdom

Renee Pomerance

Ontario Superior Court of Justice ( email )

Toronto, Ontario
Canada

University of Windsor ( email )

401 Sunset Avenue
Windsor, Ontario N9B 3P4
Canada

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