• Entry
  • Reader's guide
  • Entries A-Z
  • Subject index

Consensual Penal Resolution

The criminal procedure literature speaks of the field's growing reprivatization. The paradigm of the victim and the culprit reconciling following a show of remorse and acts of restitution or compensation, with its roots in the ancient history of criminal procedure, is very much alive today. Most new reforms of criminal procedure provide for reconciliation between victim and offender, mainly in the case of less serious crimes. The restoration of judicial peace, rather than the ascertainment of truth, is the proclaimed goal of such procedures.

Influence of United States Plea Bargaining

However, for the consensual resolution of more serious offenses, reformers invariably look at the U.S. system of plea bargaining, which has been so successful that trials (whether by jury or the judge) account for less than 10 ...

    • Loading...
    locked icon

    Sign in to access this content

    Get a 30 day FREE TRIAL

    • Watch videos from a variety of sources bringing classroom topics to life
    • Read modern, diverse business cases
    • Explore hundreds of books and reference titles