Plea Bargaining Date Annotated Bibliography
American Bar Association. (2015). How Courts Work: Steps in a Trial: Plea Bargaining. Retrieved from http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/pleabargaining.html
The American Bar Association is a recognized authority on legal issues, given that it has a vast membership consisting of attorneys from across the nation. The article mentions that plea bargaining is ceasing to be a private affair, with the growing recognition of victims’ rights under statutes that allow them to participate in this process. This point is omitted in Herman’s book. The intended audience includes the association’s members – law students and lawyers – along with defendants and plaintiffs who wish to understand the trial process and settle their cases outside the court. The article enabled me to better understand the topic because it begins by defining plea bargaining and explains its purpose – the resolution of criminal cases through an agreement, rather than a trial. It also outlines the practical reasons for the widespread use of plea bargaining, notably saving time and money for defendants, the prosecution, and court system, and protection of defendants from negative publicity and a harsher sentence.
Herman, G. (2012). Plea Bargaining. 3rd ed. Huntington, NY: Juris Publishing, Inc.
Herman has a wealth of litigation experience in federal and state courts in diverse areas of law, including criminal defense, employment law, local government law, civil rights, and personal injury. He has also taught law courses related to plea bargaining, criminal law and procedure, trial practice pretrial litigation, and alternative dispute resolution. Herman’s book mentions the goals of plea bargaining which are omitted in the ABA’s article. These are to seek the most suitable disposition for clients and discover as much as possible about a plaintiff’s or a defendant’s side if plea negotiations are unsuccessful and a trial has to be held. The book targets law students, lawyers, and citizens who want to learn about plea bargaining. Herman’s work enhanced my understanding of the topic because of its in-depth discussion of the subject, including the nature, types, strategies, and styles of plea bargaining, preparations, tactics, plea agreement negotiation, entry, enforcement, and withdrawal before and after sentence imposition.
Rauxloh, R. (2011). Plea Bargaining in International Criminal Justice: Can the International Criminal Court Afford to Avoid Trials? The Journal of Criminal Justice Research, 1(2), 1-25.
Rauxloh has extensive experience in criminal law, having taught international criminal law and public international law. She also conducted comparative research on criminal procedure law and international law with regard to multinational corporations and human trafficking, and plea bargaining in global procedures. Her article explores a dimension that has not been examined in the ABA’s article and Herman’s book, which is the possible use of plea bargaining in the International Criminal Court. The article targets law students and faculty, researchers, and attorneys, especially those affiliated to the ICC. It improved my understanding of the topic by expanding the scope of application of plea bargaining beyond federal and state criminal justice systems to an international level. Specifically, I learned that plea …