Cardozo Journal of Conflict Resolution
Abstract
This article seeks to develop a better understanding of plea bargaining as a mechanism of judicial conflict resolution in criminal law. Plea bargaining plays a significant role in both the adversarial and inquisitorial legal systems. The article examines how the plea-bargaining model is designed in both legal systems by comparing two civil law countries (Italy and Germany) with two common law countries (England and Wales and the U.S.). I argue that two developments-a mechanism similar to plea bargaining in inquisitorial systems and judges' participation in the criminal plea bargaining negotiations in adversarial legal systems-are part of the same phenomenon seeking a golden mean in criminal conflict resolution.
Disciplines
Comparative and Foreign Law | Criminal Law | Criminal Procedure | Dispute Resolution and Arbitration | Evidence | Law
Recommended Citation
Golan Luzon,
Judicial Conflict Resolution in Plea Bargaining as the Golden Mean Between the Adversarial and Inquisitorial Legal Systems,
20
Cardozo J. Conflict Resol.
597
(2019).
Available at:
https://larc.cardozo.yu.edu/cjcr/vol20/iss3/5
Included in
Comparative and Foreign Law Commons, Criminal Law Commons, Criminal Procedure Commons, Dispute Resolution and Arbitration Commons, Evidence Commons