Plea Bargaining and its Repercussions on the Theory of Criminal Procedure

Plea Bargaining and its Repercussions on the Theory of Criminal Procedure 112 Heike Jung1 Plea Bargaining and its Repercussions on the Theory of Criminal Procedure 1. INTRODUCTION Criminal procedures seem to have been afflicted by a lingering disease; the US infection of plea bargaining. This has not been a sudden attack, but a gradual development which has taken place over some years. In 1977, the German sociologist Schumann analysed and criticized US-American procedural practices in his book 'Der Handel mit der Gerechtig- keit.,2 This work was quite well received at least in German academic circles. It could not, however, prevent elements of negotiation creeping into the daily routine of German criminal procedure, in particular in the aftermath of the 1975 partial procedural reform. In 1988, the new Italian law of procedure made a 'revolutionary' step, legalizing 'negotiation' to the ex- tent that 'patteggiamento' has now become the trademark of the new procedure. (This collo- quial label stands for a procedure which allows the handing down of a sentence at the request of the parties.) In addition, there is the `giudizio abbreviato'. This appears at first sight to be an agreement of procedural relevance only. The accused, however, benefits from a consider- able reduction of punishment (one third).3 Thus, the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Crime, Criminal Law and Criminal Justice Brill

Plea Bargaining and its Repercussions on the Theory of Criminal Procedure

Loading next page...
 
/lp/brill/plea-bargaining-and-its-repercussions-on-the-theory-of-criminal-F2zfylW3ny
Publisher
Brill
Copyright
© 1997 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0928-9569
eISSN
1571-8174
D.O.I.
10.1163/157181797X00464
Publisher site
See Article on Publisher Site

Abstract

112 Heike Jung1 Plea Bargaining and its Repercussions on the Theory of Criminal Procedure 1. INTRODUCTION Criminal procedures seem to have been afflicted by a lingering disease; the US infection of plea bargaining. This has not been a sudden attack, but a gradual development which has taken place over some years. In 1977, the German sociologist Schumann analysed and criticized US-American procedural practices in his book 'Der Handel mit der Gerechtig- keit.,2 This work was quite well received at least in German academic circles. It could not, however, prevent elements of negotiation creeping into the daily routine of German criminal procedure, in particular in the aftermath of the 1975 partial procedural reform. In 1988, the new Italian law of procedure made a 'revolutionary' step, legalizing 'negotiation' to the ex- tent that 'patteggiamento' has now become the trademark of the new procedure. (This collo- quial label stands for a procedure which allows the handing down of a sentence at the request of the parties.) In addition, there is the `giudizio abbreviato'. This appears at first sight to be an agreement of procedural relevance only. The accused, however, benefits from a consider- able reduction of punishment (one third).3 Thus, the

Journal

European Journal of Crime, Criminal Law and Criminal JusticeBrill

Published: Jan 1, 1997

There are no references for this article.

You’re reading a free preview. Subscribe to read the entire article.


DeepDyve is your
personal research library

It’s your single place to instantly
discover and read the research
that matters to you.

Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.

All for just $49/month

Explore the DeepDyve Library

Search

Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly

Organize

Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.

Access

Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.

Your journals are on DeepDyve

Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.

All the latest content is available, no embargo periods.

See the journals in your area

DeepDyve

Freelancer

DeepDyve

Pro

Price

FREE

$49/month
$360/year

Save searches from
Google Scholar,
PubMed

Create lists to
organize your research

Export lists, citations

Read DeepDyve articles

Abstract access only

Unlimited access to over
18 million full-text articles

Print

20 pages / month

PDF Discount

20% off