When Public Defenders and Prosecutors Plea Bargain Race – A More Truthful Narrative

Authors

Elayne E. Greenberg, St. John's University School of LawFollow

Document Type

Article

Publication Title

Ohio Northern University Law Review

Publication Date

2021

Volume

47

First Page

605

Abstract

(Excerpt)

This paper challenges prevailing stereotypes about public defenders and prosecutors and updates those stereotypes with a more accurate narrative about how reform-minded public defenders and prosecutors can plea bargain race to yield more equitable justice outcomes.

I was invited to the discussion about criminal justice reform in plea bargaining, because of my work in dispute resolution, dispute system design, and discrimination. Plea bargaining is a justice system negotiation that is used in upwards of 97% of criminal case dispositions. Unlike many of my colleagues in criminal justice reform who have also had years of experience working in the criminal justice system, I have little experience in the criminal justice system. Thus, I approached this work with a beginner’s mind.

Comments

Available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4002788