Authors
Markus Dirk Dubber
Publication date
1997/2/1
Journal
Stanford Law Review
Pages
547-605
Publisher
Stanford University School of Law
Description
In this article, Professor Dubber critically assesses recent proposals to eradicate plea bargaining by importing the juryless and judge-dominated German criminal trial. According to Professor Dubber, the ubiquity of plea bargaining, despite a constitutional guarantee of trial by jury, is symptomatic of the crisis of the modern criminal process, which in theory imposes punishment in formal public trials but in practice relies primarily on informal and nonpublic arrangements. To address this legitimacy crisis, Professor Dubber argues, the study of criminal procedure must shed its status as the poor relative of constitutional law and recover its criminal core by examining which, if any, principles can account for, and perhaps justify, our system of punishment imposition.
Total citations
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