Plea Bargaining

Catalog description

The vast majority of criminal convictions ? more than ninety percent -- come not from a public trial verdict, but rather after a closed negotiation process ending in a guilty plea. In this course, we will examine plea bargaining and guilty plea jurisprudence, theory, and practice. We will consider debates over the utility, coercive aspects, and constitutionality of plea bargaining and guilty pleas. After exploring the role of the prosecutor, defender, and judge in plea bargaining, we will discuss ethical considerations for these institutional actors. You will conduct a variety of simulated plea-bargaining sessions in the course, one of which will be recorded and discussed in a small group critique session (one experiential credit). Preparation for the recorded bargaining session includes readings and class discussion about negotiation skills and theory, research on the case to be negotiated, and mooting with your classmates before the final session is recorded. Finally, you will visit criminal court to observe guilty pleas and we will discuss these observations and your written reflections in class. Recommended: LAW 7118 .