The role of the judge in the European plea bargaining procedures: Three models compared
International Journal of Evidence and Proof, cilt.28, sa.3, ss.203-235, 2024 (SSCI, Scopus)
- Yayın Türü: Makale / Tam Makale
- Cilt numarası: 28 Sayı: 3
- Basım Tarihi: 2024
- Doi Numarası: 10.1177/13657127231217773
- Dergi Adı: International Journal of Evidence and Proof
- Derginin Tarandığı İndeksler: Social Sciences Citation Index (SSCI), Scopus
- Sayfa Sayıları: ss.203-235
- Anahtar Kelimeler: judge-centred model, law-centred model, plea bargaining, plea-based sentence reduction, prosecutor-centred model
- Boğaziçi Üniversitesi Adresli: Evet
Özet
This article examines the role of the judge in ‘prosecutor-centred’, ‘law-centred’ and ‘judge-centred’ models of plea bargaining in the European context. A comprehensive study regarding the judicial role in plea bargaining is necessary, since the principle of double control has frequently been neglected in negotiated case dispositions, and in the literature it has often been suggested that more robust judicial control of plea bargaining should be in place. Instead of a pan-European overview, our article focuses on the different models of plea bargaining, particularly in the example of the Swiss abbreviated proceedings, the German confession bargaining and the English sentence discount. In order to put the judge's role into context, the article first introduces the contours of each model before analysing the role of the judge in these proceedings. In conclusion, the article compares the models discussed, which would provide a baseline for assessing the judicial role in plea bargaining.