04 September 2013

ARTICLE: Jara on German and Italian Systems of Negotiated Justice

Gabriela Jara's ''Comparative Perspectives: German and Italian Systems of Negotiated Justice'' in the  Philosophy of Law e Journal (2013) is now available online at SSRN :
In light of the growing importance of negotiated justice or alternatives to trial across jurisdictions, this comment on the papers of Carduck and of Iovene in this collection, addresses the nuances of continental European developments but also critically re-examines the American tradition of plea-bargaining.

The two papers draw on salient themes related to the process of understanding and reworking the legal transplant of plea bargaining within a larger body of a criminal law. Italy and Germany are both characterized by a deliberate approach to plea bargaining where public authorities have grappled with the objectives and dangers of negotiated justice.

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