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Judicial Participation in Plea Negotiations: A Comparative View

70 Pages Posted: 28 Dec 2005  

Jenia Iontcheva Turner

Southern Methodist University - Dedman School of Law

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 Classification: K00, K14, K33, K40, K42

Suggested Citation

Turner, Jenia Iontcheva, Judicial Participation in Plea Negotiations: A Comparative View. American Journal of Comparative Law, Vol. 94, 2006. Available at SSRN: https://ssrn.com/abstract=871979

Jenia Iontcheva Turner (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States

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