Publication Date

11-2012

Journal

Minnesota Law Review

Abstract

The article argues that criminal sentencing, often perceived as a singular, justice-focused moment, is in reality a complex, fragmented process heavily influenced by prosecutorial discretion and plea bargaining. It contends that public participation, inspired by principles of administrative law, could enhance the fairness, transparency, and legitimacy of sentencing and related processes, such as charging and plea bargaining. By integrating public input and structured decision-making, the criminal justice system could better align with democratic values and address systemic disparities.

Volume

97

Issue

1

First Page

1

Last Page

71

Publisher

University of Minnesota Law School

Disciplines

Administrative Law | Criminal Law | Criminal Procedure | Judges | Law | Law Enforcement and Corrections

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