Law Commons^™

Judicial Misconduct In Criminal Cases: It’S Not Just The Counsel Who May Be Ineffective And Unprofessional, Richard Klein

Scholarly Works

No abstract provided.

Is It A Prosecutor’S World?: Determinants Of Count Bargaining Decisions, Jeremy Ball

Criminal Justice Faculty Publications and Presentations

Scholars agree that the American prosecutor possesses a great amount of discretion (see Albonetti, 1987; Kersetter, 1990; Thomas & Fitch, 1976). Scholars also agree that such discretion has the potential to result in discrimination in the form of unwarranted disparity (Walker, Spohn, & DeLone, 2000). American prosecutors use their discretion to make initial charging decisions, to seek the death penalty, and to negotiate plea agreements.

One of the most profound and frequently studied issues in the American criminal justice system is racial discrimination. Research indicates that Black offenders are disproportionately represented in prison populations (Blumstein, Cohen, Martin, & Tonry, 1983; …

Judicial Participation In Plea Negotiations: A Comparative View, Jenia I. Turner

Faculty Journal Articles and Book Chapters

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.