The European Court of Human Rights on Negotiated Justice and Coercion

The European Court of Human Rights on Negotiated Justice and Coercion The present study analyses the approach the European Court of Human Rights’ to negotiated criminal justice and plea agreements in its landmark case, Natsvlishvili v Georgia. At the sight of the us Supreme Court case law and the practice of plea bargaining in the United States, I will argue why the institutional context and other external elements should be taken into account to determine if the guilty plea system has become coercive. I will further question if the approach of the ECtHR, applying strictly the criteria set out by the us Supreme Court should be followed when defining European standards on plea agreements. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Crime, Criminal Law and Criminal Justice Brill

The European Court of Human Rights on Negotiated Justice and Coercion

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0928-9569
eISSN
1571-8174
DOI
10.1163/15718174-02603001
Publisher site
See Article on Publisher Site

Abstract

The present study analyses the approach the European Court of Human Rights’ to negotiated criminal justice and plea agreements in its landmark case, Natsvlishvili v Georgia. At the sight of the us Supreme Court case law and the practice of plea bargaining in the United States, I will argue why the institutional context and other external elements should be taken into account to determine if the guilty plea system has become coercive. I will further question if the approach of the ECtHR, applying strictly the criteria set out by the us Supreme Court should be followed when defining European standards on plea agreements.

Journal

European Journal of Crime, Criminal Law and Criminal JusticeBrill

Published: Aug 1, 2018

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