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Trial Judges' Participation in Plea Bargaining: An Empirical Perspective

Published online by Cambridge University Press:  01 July 2024

John Paul Ryan  and
James J. Alfini
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Abstract

The trial judge's role in plea bargaining is examined, using national survey data supplemented by observations and interviews. We analyze the frequency with which judges participate in plea discussions and the organizational, social, and legal contexts that affect the judicial role. Our data suggest the trial judge is often an important or crucial actor in the construction of plea agreements, a finding that contradicts much of the legal and social science literature. Several variables directly influence what role a judge will adopt, including self-perceived skill at negotiating and whether the state has a court rule or case law prohibiting or discouraging judicial participation. Future research should focus upon the impact of judicial participation in plea bargaining.

Type
Current Empirical Research
Information
Law & Society Review , Volume 13 , Issue 2 , Winter 1979 , pp. 479 - 507
Copyright
Copyright © 1979 Law and Society Association.

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Footnotes

This is a substantially revised version of a paper presented at the 1977 Annual Meeting of the Southern Political Science Association in New Orleans. We are grateful for the comments and criticisms of a number of individuals, especially Herbert Kritzer and Mary Lee Luskin.

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