Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Comparative and Foreign Law
Plea Bargaining And Disclosure In Germany And The United States: Comparative Lessons, Jenia I. Turner
Plea Bargaining And Disclosure In Germany And The United States: Comparative Lessons, Jenia I. Turner
Faculty Journal Articles and Book Chapters
This article analyzes recent trends in plea bargaining and disclosure of evidence in Germany and the United States. Over the last two decades, a number of U.S. jurisdictions have adopted rules requiring broader and earlier discovery in criminal cases. This development reflects a growing consensus that, in a system that resolves most of its cases through guilty pleas, early and extensive disclosure is necessary to ensure fair and informed outcomes.
The introduction of broader discovery in criminal cases in the United States aligns our rules more closely with German rules on access to the investigative file. At the same time, …
Prosecutors And Bargaining In Weak Cases: A Comparative View, Jenia I. Turner
Prosecutors And Bargaining In Weak Cases: A Comparative View, Jenia I. Turner
Faculty Journal Articles and Book Chapters
One of the most controversial uses of prosecutorial discretion in plea bargaining concerns cases involving weak evidence of guilt. When a prosecutor bargains about the charges or even the facts in a case with weak evidence, at least three problems may arise. First, if the charge bargain is generous, it may coerce an innocent defendant to plead guilty. Second, such a bargain may let a guilty defendant off too easily, thus disserving the public and victim’s interests. Third, if the parties bargain about the facts, the result may distort the truth of the case.
In this book chapter, I examine …