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/lp/oxford-university-press/judicial-participation-in-plea-negotiations-a-comparative-view-8RQIU23nxP
References (2)
- Publisher
- Oxford University Press
- Copyright
- © 2006 by The American Society of Comparative Law, Inc.
- ISSN
- 0002-919X
- eISSN
- 2326-9197
- DOI
- 10.1093/ajcl/54.1.199
- Publisher site
- See Article on Publisher Site
Abstract
AbstractCurrent 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. This 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.
Journal
American Journal of Comparative Law – Oxford University Press
Published: Jan 1, 2006