This Article proposes turning plea bargaining into a dialogical process, which would result in lessening a defendant’s sense of alienation during the progress of the criminal justice procedure. This Article argues that plea bargaining constitutes an opportunity to circumvent restrictions existing during a trial or outside a trial, such as the inadmissibility of character evidence and the need for the victim's consent in restorative justice proceedings. This Article proposes to navigate the plea bargaining process in a way that creates a real dialogue with defendants. Such a dialogue can reduce the sense of alienation that defendants feel from their position as a defendant. To accomplish this dialogue, the prosecutor conducting the plea bargaining negotiations must be a different person than the prosecutor in the trial if negotiations break down.
"Plea Bargaining as Dialogue,"
Akron Law Review: Vol. 49:
1, Article 2.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol49/iss1/2