The overwhelming majority of criminal convictions in the United States
result not from jury verdicts but from pleas of guilty.  In this
course we will examine pleas, plea bargaining, and trials in the
disposition of criminal cases.  What is the place of negotiation in an
adversary system?  What are negotiations really like?  What are its
consequences for individuals and society?  We shall begin with an
overview of the adversary system, the jury, and the criminal trial;
then we shall turn to plea bargaining -- its origins, its nature, and
its consequences.  We will consider the desirability and feasibility
of alternatives to plea bargaining including bans on plea bargaining,
bench brials, and changes to the jury trial itself.


Readings:  Students will read a selection of articles from a vatiety
of disciplines.  Representative examples include the following:

Abramson, Jeffrey, 2000, We, the Jury, Harvard University
Press

Brereton, David, and Jonathan Casper.  1982. "Does It Pay to Plead
Guilty?  Differential Sentencing and the Function of the Criminal
Courts." Law and Society Review  16:45

Fisher, George. 2000 "Plea Bargaining's Triumph."  Yale Law
Journal. 109:857

Landsman, Stephan. 1988. "Introduction to the Adversary System." In
Readings on Adversarial Justice:  The American Approach to
Adjudication, ed. Stephan Landsman, Section of Litigation American
Bar Association.  American Case book Series.  St. Paul, Minnewota:
West Publishing co. pp. 1-139



Class Meeting:  Wednesday, 2:30 - 5:00 p.m., Sy 200


Instructor:  Professor Mary Lee Luskin, criminal justice department