A Typology of Consensual Criminal Procedures: An Historical and Comparative Perspective on the Theory and Practice of Avoiding the Full Trial

Authors

Stephen C. Thaman, Saint Louis University School of Law

Document Type

Article

Publication Date

2010

Abstract

In the words of Clifford Geertz, this chapter engages in “an exercise of intercultural translation” in order to understand the reality of plea bargaining and other forms of consensual resolution of criminal cases. It provides a history of consensual and alternative forms of criminal procedure around the world. It also provides a comprehensive discussion on alternatives to a full trial in modern penal systems and issues that arise with those alternatives.

Recommended Citation

Thaman, Stephen C., A Typology of Consensual Criminal Procedures: An Historical and Comparative Perspective on the Theory and Practice of Avoiding the Full Trial (2010). Chapter 11, World Plea Bargaining: Consensual Procedures and the Avoidance of the Full Criminal Trial, Carolina Academic Press. (2010), pp.297-396.