Negotiated Case Dispositions in Germany, England and the United States

Turner, Jenia Iontcheva; Weigend, Thomas

doi:10.1017/9781108649742.011

Cited by 3 publications

(16 citation statements)

References 25 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…The comparative law literature has noticed the spread of plea bargaining around the world and has described the differences among trial-avoiding conviction mechanisms (Hodgson 2015, Langer 2004, Thaman 2010b, Turner 2009, Turner & Weigend 2020. There was also a recent study by a nongovernmental organization on this trend (Fair Trials 2017).…”

Section: The Comparative Study Of Plea Bargaining Trial-avoiding Conviction Mechanisms and The Global Administratization Of Criminal Convmentioning

confidence: 99%

“…at any point during formal proceedings or only after the pretrial phase is over); what information and evidence the defense gets access to before consenting to the application of the trial-avoiding conviction mechanism; and what other requirements the trial-avoiding conviction mechanisms must meet (Hodgson 2015;Langer 2004Langer , 2006Thaman 2010b;Turner 2009;Turner & Weigend 2020). There have also been a few qualitative comparative studies on the use of these mechanisms in two or more jurisdictions (e.g., Turner 2006).…”

Section: Langermentioning

confidence: 99%

See 1 more Smart Citation

Plea Bargaining, Conviction Without Trial, and the Global Administratization of Criminal Convictions

Langer

2021

Annu. Rev. Criminol.

View full text Add to dashboard Cite

This article documents the diffusion of plea bargaining and other mechanisms to reach criminal convictions without a trial and argues that their spread implies what this article terms an administratization of criminal convictions in many corners of the world. Criminal convictions have been administratized in two ways: ( a) Trial-avoiding mechanisms have given a larger role to nonjudicial, administrative officials in the determination of who gets convicted and for which crimes, and ( b) these decisions are made in proceedings that do not include a trial with its attached defendants’ rights. The article also proposes a way this phenomenon could be quantitatively measured by articulating the rate of administratization of criminal convictions, a metric to allow for comparison among different jurisdictions. The article then presents cross-national data from 26 jurisdictions on their rate of administratization of criminal convictions and different hypotheses that may help explain variation across jurisdictions on this rate. Expected final online publication date for the Annual Review of Criminology, Volume 4 is January 13, 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

show abstract

Section: The Comparative Study Of Plea Bargaining Trial-avoiding Conviction Mechanisms and The Global Administratization Of Criminal Convmentioning

confidence: 99%

Section: Langermentioning

confidence: 99%

Plea Bargaining, Conviction Without Trial, and the Global Administratization of Criminal Convictions

Langer

2021

Annu. Rev. Criminol.

View full text Add to dashboard Cite

show abstract

“…This being so, even the critics of plea bargaining now tend to acknowledge that the clock cannot be turned back and such institutions are here to stay (Ashworth, 2007; Hassemer, 2011: 197 f; Turner and Weigend, 2020: 421). The argument for abolishing plea bargaining and imposing a legislative ban on such practices is still being advanced in the comparative literature, however (Schulhofer, 1992; Stuckenberg, 2021; 193; Tonry, 2020; Welsh et al, 2021).…”

Section: Introduction: Current Landscape and The Roots Of Plea Bargai...mentioning

confidence: 99%

“…The argument for abolishing plea bargaining and imposing a legislative ban on such practices is still being advanced in the comparative literature, however (Schulhofer, 1992; Stuckenberg, 2021; 193; Tonry, 2020; Welsh et al, 2021). In due consideration of such failed attempts in various jurisdictions (Cams and Kruse, 1992; Weninger, 1987), it has been generally recognised that the total abolition in and of itself would not be the end of the matter, for the judiciary would continue to follow its working assumptions instead of adhering to legislation or the restrictive guidelines formulated by the high courts on the ground that plea bargaining accommodates the professional interests of the lawyers and judges involved (Fezer, 2010; Jahn and Schmitt-Leonardy, 2020; Johnson and Hernandez, 2021: 88; Turner and Weigend, 2020: 421 f; Young and Sanders, 2000).…”

Section: Introduction: Current Landscape and The Roots Of Plea Bargai...mentioning

confidence: 99%

“…Dispensing with the search for the truth, whether it be according to adversarial or non-adversarial tenets, would also mean, if not always, a lenient punishment for the factually guilty and a harsh justice for the innocent, or an offender who may have had a chance to put forward a valid justification or an excuse for his criminal act at a contested trial (Grande, 2019: 85). This form of adjudication continues to spread in Europe (Grande, 2019: 82 ff;Langbein, 2022: 141;Langer, 2022: 86-87;Luef-Kölbl, 2017: 186;Turner and Weigend, 2013: 1400-1401, since especially last four decades in waves of expansion.…”

mentioning

confidence: 99%

See 1 more Smart Citation

The role of the judge in the European plea bargaining procedures: Three models compared

Bozbayındır

2023

The International Journal of Evidence & Proof

View full text Add to dashboard Cite

This article examines the role of the judge in ‘prosecutor-centred’, ‘law-centred’ and ‘judge-centred’ models of plea bargaining in the European context. A comprehensive study regarding the judicial role in plea bargaining is necessary, since the principle of double control has frequently been neglected in negotiated case dispositions, and in the literature it has often been suggested that more robust judicial control of plea bargaining should be in place. Instead of a pan-European overview, our article focuses on the different models of plea bargaining, particularly in the example of the Swiss abbreviated proceedings, the German confession bargaining and the English sentence discount. In order to put the judge's role into context, the article first introduces the contours of each model before analysing the role of the judge in these proceedings. In conclusion, the article compares the models discussed, which would provide a baseline for assessing the judicial role in plea bargaining.

show abstract

Prosecutors and Trials

Heinze

2021

The Oxford Handbook of Prosecutors and Prosecution

View full text Add to dashboard Cite

This chapter captures the role of the prosecutor or an equivalent authority during the trial phase. The object of the analysis—the trial phase—is generally divided into the following stages: opening stage, presentation of evidence, closing stage, and judgment/sentence. In exceptional cases, the stage of jury selection is added. The perspective of the analysis is twofold: in the first half of the chapter, the prosecutor’s role at these stages is described from a normative perspective. Here, the stages mentioned are broken down into selected prosecutorial measures and procedural facets in various legal systems and procedural models. The legal systems and procedural models analyzed have been chosen to represent either the common law tradition (the United States, England, and Wales) or civil law tradition (Germany and France). In the second part of the chapter, the prosecutor’s role is analyzed from an ethical perspective. It displays both the features and normative foundations of prosecutorial ethics and describes certain types of prosecutorial misconduct that may occur in the previously mentioned stages of a trial. The findings and observations of the chapter are combined in a conclusion at the end of the chapter. Upon identifying the multiple roles of the prosecutor at trial, the chapter proves that prosecutorial work at trial is influenced by two role-related factors: role duality and role ambiguity.

show abstract

Negotiated Case Dispositions in Germany, England and the United States

Cited by 3 publications

References 25 publications

Plea Bargaining, Conviction Without Trial, and the Global Administratization of Criminal Convictions

Plea Bargaining, Conviction Without Trial, and the Global Administratization of Criminal Convictions

The role of the judge in the European plea bargaining procedures: Three models compared

Prosecutors and Trials

Contact Info

Product

Resources

About