Why Plea-Bargaining Fails To Achieve Results In So Many Criminal Justice Systems: A New Framework For Assessment
Plea-bargaining is very much a reality outside of the United States. The myth of American exceptionalism in this matter is certainly by now quite untrue. It is now an important part of criminal procedure in the United Kingdom (there are three separate criminal law jurisdictions there; England & Wales, Scotland and Northern Ireland with somewhat different versions of plea-bargaining). Plea-bargaining has been transplanted to several civil law countries (most notably France, Italy, Poland, and Argentina) under severe criticism by traditional doctrinal approaches without major empirical success (both in widespread use and cost reduction).