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Research Handbook on Plea Bargaining and Criminal Justice
Bringing together established and emerging scholars from around the world, the Research Handbook on Plea Bargaining and Criminal Justice examines the practice of plea bargaining, through which guilty pleas are secured and trials are avoided.
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Critical Acclaim
Contributors
Contents
More Information
Bringing together established and emerging scholars from around the world, the Research Handbook on Plea Bargaining and Criminal Justice examines the history, practice, underlying issues and future evolution of plea bargaining, through which guilty pleas are secured and trials are avoided.
Incorporating academic and practitioner perspectives, this ground-breaking Research Handbook provides a contemporary reflection on the challenges surrounding the societal and legal framing of this enduring feature of the criminal justice landscape. It situates these challenges within the broader discussion on responses to plea bargaining in comparative international and domestic contexts. Exploring the successes and failures of plea bargaining law reforms and practices within a diverse range of trial systems, this Research Handbook lays the foundation for future research and scholarship to enable a clearer understanding of plea bargaining.
Drawing attention to contemporary debates and ongoing controversies, this Research Handbook will be a vital resource for scholars and students of criminal law and justice, criminology, and sociology and social policy.
Incorporating academic and practitioner perspectives, this ground-breaking Research Handbook provides a contemporary reflection on the challenges surrounding the societal and legal framing of this enduring feature of the criminal justice landscape. It situates these challenges within the broader discussion on responses to plea bargaining in comparative international and domestic contexts. Exploring the successes and failures of plea bargaining law reforms and practices within a diverse range of trial systems, this Research Handbook lays the foundation for future research and scholarship to enable a clearer understanding of plea bargaining.
Drawing attention to contemporary debates and ongoing controversies, this Research Handbook will be a vital resource for scholars and students of criminal law and justice, criminology, and sociology and social policy.
Critical Acclaim
‘The United States, the home of plea bargaining, has used the practice to construct the largest system of human incarceration in the history of the world. Brimming with comparative insights, the international experts here offer a cautionary chorus, warning the world of an epidemic of plea bargaining now spreading across the globe.’
– Andrew Manuel Crespo, Harvard Law School, US
‘The full adjudicative process is everywhere in decline, replaced by various forms of negotiated or bargained justice. Langer, McConville and Marsh subject these new forms of justice to theoretical analysis from a variety of perspectives and offer thoughtful reflections about their likely future. The Research Handbook contains a wealth of new insights and will be of great interest to all those who are interested in contemporary criminal procedure.’
– Mirjan Damaška, Yale Law School, US
‘This Research Handbook is a milestone in contemporary criminal justice scholarship. It cuts across legal traditions addressing corporate offender deal-making, empirical studies, ethical failures, myth, inequality, gender and race, revealing the global spread of failed justice through coercive incentives to concede guilt, powerfully exposing the industrial scale “administratization” of guilty pleas, the underbelly reality of today’s structurally re-shaped criminal justice.’
– Jill Hunter, University of New South Wales, Australia
‘This is a timely, comprehensive and innovative collection of contributions that brings together scholarship from multiple jurisdictions and disciplinary perspectives. A real “must-read” for anyone interested in the contemporary debates about plea bargaining.’
– Fiona Leverick, University of Glasgow, UK
‘An extraordinarily ambitious project, the Research Handbook on Plea Bargaining and Criminal Justice provides an indispensable resource for understanding the worldwide diffusion of procedural shortcuts to the formal adjudication of guilt. Beyond mere description, the Research Handbook offers incisive normative critique and perceptive guidance for future research. An invaluable contribution.’
– Stephen J. Schulhofer, New York University School of Law, US
– Andrew Manuel Crespo, Harvard Law School, US
‘The full adjudicative process is everywhere in decline, replaced by various forms of negotiated or bargained justice. Langer, McConville and Marsh subject these new forms of justice to theoretical analysis from a variety of perspectives and offer thoughtful reflections about their likely future. The Research Handbook contains a wealth of new insights and will be of great interest to all those who are interested in contemporary criminal procedure.’
– Mirjan Damaška, Yale Law School, US
‘This Research Handbook is a milestone in contemporary criminal justice scholarship. It cuts across legal traditions addressing corporate offender deal-making, empirical studies, ethical failures, myth, inequality, gender and race, revealing the global spread of failed justice through coercive incentives to concede guilt, powerfully exposing the industrial scale “administratization” of guilty pleas, the underbelly reality of today’s structurally re-shaped criminal justice.’
– Jill Hunter, University of New South Wales, Australia
‘This is a timely, comprehensive and innovative collection of contributions that brings together scholarship from multiple jurisdictions and disciplinary perspectives. A real “must-read” for anyone interested in the contemporary debates about plea bargaining.’
– Fiona Leverick, University of Glasgow, UK
‘An extraordinarily ambitious project, the Research Handbook on Plea Bargaining and Criminal Justice provides an indispensable resource for understanding the worldwide diffusion of procedural shortcuts to the formal adjudication of guilt. Beyond mere description, the Research Handbook offers incisive normative critique and perceptive guidance for future research. An invaluable contribution.’
– Stephen J. Schulhofer, New York University School of Law, US
Contributors
Contributors include: Evelyne Owiye Asaala, Lorena Bachmaier Winter, Carlos Berdejó, Samantha Joy Cheesman, Kevin Kwok-yin Cheng, Michael Conklin, Mauricio Duce, Salim Farrar, Malcolm M. Feeley, Asher Flynn, Arie Freiberg, Cerys Gibson, Jay Gormley, Rosann Greenspan, Bethany Growns, Patrick S. Günsberg, Rebecca K. Helm, Sean Houlihan, Brian D. Johnson, Thea Johnson, Ed Johnston, Vicky Kemp, Máximo Langer, Mike McConville, Luke Marsh, Monique Moffa, Yu Mou, Axel Palmer, Nicholas Ryder, Mrinal Satish, Cyrus Tata, Stephen C. Thaman, Matt Thomason, Máximo Sozzo, Mary E. Vogel, Kassahun Molla Yilma
Contents
Contents:
Series editors’ preface xvi
Preface and acknowledgements xviii
1 Introduction to the Research Handbook on Plea Bargaining and
Criminal Justice 1
Máximo Langer, Mike McConville and Luke Marsh
PART I HISTORICAL FRAMING AND DISPERSION
2 The diffusion of plea bargaining and the global administratisation of
criminal convictions 10
Máximo Langer
3 Plea bargaining in the United States 36
Stephen C. Thaman
4 A portrait of guilt from England and Wales: defending against
state-induced pleas 58
Luke Marsh
5 Plea bargaining in Hong Kong: a question of definition 76
Kevin Kwok-yin Cheng
6 Plea Bargaining in Latin America 88
Máximo Langer and Máximo Sozzo
7 The increasing reach of negotiated justice in Nordic countries 144
Patrick S. Günsberg
8 The evolving approach to plea bargaining in Ethiopia 156
Kassahun Molla Yilma
9 Balancing public interest, judicial discretion, the rights of an accused
person and victims’ rights in plea bargaining: the case of Kenya and
South Africa 171
Evelyne Owiye Asaala
PART II ABBREVIATED PROCEDURES/ PLEA BARGAINING ANALOGUES
10 Leniency for pleading guilty and acceptance of punishment: an
overriding principle of Chinese criminal justice 186
Yu Mou
11 A socio-legal analysis of the impact of the ECtHR caselaw on the
development of an abbreviated trial system in Hungary 200
Samantha Joy Cheesman
12 Plea bargaining in India 215
Mrinal Satish
13 Negotiated criminal justice in the Islamic law of modern Muslim states:
the rise of the political plea bargain 230
Salim Farrar
14 Deferred prosecutions and justice: a whodunnit? 244
Axel Palmer and Nicholas Ryder
PART III UNDERLYING STRUCTURAL/ THEORETICAL ISSUES
15 Guilty pleas, sentencing and sentence ‘discounting’: who is ‘sentence
discounting’ really for? 263
Jay Gormley and Cyrus Tata
16 Plea bargaining and the risk of wrongful convictions: a comparative overview 277
Mauricio Duce
17 Racial and gender disparities in plea bargaining 297
Carlos Berdejó
18 Defenses for plea bargaining 312
Michael Conklin
PART IV IMPLICATIONS FOR TRIAL PROCESSES, LEGAL
EDUCATION/TRAINING AND THE VIRTUAL WORLD
19 The tentacles of state case management: ‘co-operative’ lawyering and
‘efficient’ disclosure in the context of plea determination 330
Ed Johnston
20 Bargaining the rules of evidence 348
Matt Thomason
21 Implications for legal education and training in a guilty plea environment 363
Vicky Kemp and Cerys Gibson
22 Plea bargaining in the virtual courtroom 379
Thea Johnson
23 Women and victims: neglected voices in plea negotiations 391
Monique Moffa, Arie Freiberg and Asher Flynn
24 Methodological and analytical strategies in guilty plea research:
combatting myths and informing evidence-based procedure 408
Rebecca K. Helm and Bethany Growns
25 Criminological approaches to plea bargaining 423
Brian D. Johnson and Sean Houlihan
PART V LOOKING FORWARD: CONTEMPORARY RESEARCH
QUESTIONS, METHODS AND PROSPECTS
26 The long history of plea bargaining 439
Malcolm M. Feeley and Rosann Greenspan
27 English plea bargaining in context: a revisionist history of judicial politics 471
Mike McConville
28 Plea bargaining: a misreading of the common law in modernity 493
Mary E. Vogel
29 Quo vadis, negotiated justice? A success story or a coercion model? 535
Lorena Bachmaier Winter
30 Plea bargaining as second-best criminal adjudication and the future of
criminal procedure thought in global perspective 550
Máximo Langer
31 Final thoughts: signposting the future 573
Máximo Langer, Mike McConville and Luke Marsh
Series editors’ preface xvi
Preface and acknowledgements xviii
1 Introduction to the Research Handbook on Plea Bargaining and
Criminal Justice 1
Máximo Langer, Mike McConville and Luke Marsh
PART I HISTORICAL FRAMING AND DISPERSION
2 The diffusion of plea bargaining and the global administratisation of
criminal convictions 10
Máximo Langer
3 Plea bargaining in the United States 36
Stephen C. Thaman
4 A portrait of guilt from England and Wales: defending against
state-induced pleas 58
Luke Marsh
5 Plea bargaining in Hong Kong: a question of definition 76
Kevin Kwok-yin Cheng
6 Plea Bargaining in Latin America 88
Máximo Langer and Máximo Sozzo
7 The increasing reach of negotiated justice in Nordic countries 144
Patrick S. Günsberg
8 The evolving approach to plea bargaining in Ethiopia 156
Kassahun Molla Yilma
9 Balancing public interest, judicial discretion, the rights of an accused
person and victims’ rights in plea bargaining: the case of Kenya and
South Africa 171
Evelyne Owiye Asaala
PART II ABBREVIATED PROCEDURES/ PLEA BARGAINING ANALOGUES
10 Leniency for pleading guilty and acceptance of punishment: an
overriding principle of Chinese criminal justice 186
Yu Mou
11 A socio-legal analysis of the impact of the ECtHR caselaw on the
development of an abbreviated trial system in Hungary 200
Samantha Joy Cheesman
12 Plea bargaining in India 215
Mrinal Satish
13 Negotiated criminal justice in the Islamic law of modern Muslim states:
the rise of the political plea bargain 230
Salim Farrar
14 Deferred prosecutions and justice: a whodunnit? 244
Axel Palmer and Nicholas Ryder
PART III UNDERLYING STRUCTURAL/ THEORETICAL ISSUES
15 Guilty pleas, sentencing and sentence ‘discounting’: who is ‘sentence
discounting’ really for? 263
Jay Gormley and Cyrus Tata
16 Plea bargaining and the risk of wrongful convictions: a comparative overview 277
Mauricio Duce
17 Racial and gender disparities in plea bargaining 297
Carlos Berdejó
18 Defenses for plea bargaining 312
Michael Conklin
PART IV IMPLICATIONS FOR TRIAL PROCESSES, LEGAL
EDUCATION/TRAINING AND THE VIRTUAL WORLD
19 The tentacles of state case management: ‘co-operative’ lawyering and
‘efficient’ disclosure in the context of plea determination 330
Ed Johnston
20 Bargaining the rules of evidence 348
Matt Thomason
21 Implications for legal education and training in a guilty plea environment 363
Vicky Kemp and Cerys Gibson
22 Plea bargaining in the virtual courtroom 379
Thea Johnson
23 Women and victims: neglected voices in plea negotiations 391
Monique Moffa, Arie Freiberg and Asher Flynn
24 Methodological and analytical strategies in guilty plea research:
combatting myths and informing evidence-based procedure 408
Rebecca K. Helm and Bethany Growns
25 Criminological approaches to plea bargaining 423
Brian D. Johnson and Sean Houlihan
PART V LOOKING FORWARD: CONTEMPORARY RESEARCH
QUESTIONS, METHODS AND PROSPECTS
26 The long history of plea bargaining 439
Malcolm M. Feeley and Rosann Greenspan
27 English plea bargaining in context: a revisionist history of judicial politics 471
Mike McConville
28 Plea bargaining: a misreading of the common law in modernity 493
Mary E. Vogel
29 Quo vadis, negotiated justice? A success story or a coercion model? 535
Lorena Bachmaier Winter
30 Plea bargaining as second-best criminal adjudication and the future of
criminal procedure thought in global perspective 550
Máximo Langer
31 Final thoughts: signposting the future 573
Máximo Langer, Mike McConville and Luke Marsh
