Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Sentencing In An Era Of Plea Bargains, Jeffrey Bellin, Jenia I. Turner
Sentencing In An Era Of Plea Bargains, Jeffrey Bellin, Jenia I. Turner
Faculty Publications
The literature offers inconsistent answers to a question that is foundational to criminal law: Who imposes sentences? Traditional narratives place sentencing responsibility in the hands of the judge. Yet, in a country where 95% of criminal convictions come from guilty pleas (not trials), modern American scholars center prosecutors—who control plea terms—as the deciders of punishment. This Article highlights and seeks to resolve the tension between these conflicting narratives by charting the pathways by which sentences are determined in a system dominated by plea bargains.
After reviewing the empirical literature on sentence variation, examining state and federal plea-bargaining rules and doctrines, …