Ever since the constitutionality of the practice was first established in the 1970s, plea bargaining has been the subject of fierce academic debate. Despite the objections of many prominent scholars, however, the negotiated resolution of criminal cases has become only more commonplace over the past three decades. Scholars are now increasingly turning their attention from the threshold question of whether plea bargaining should be permitted at all to a consideration of what rules and practices might enhance transparency and accountability, diminish coerciveness and the risk of wrongful conviction, and better address the needs of victims. While the study of plea bargaining has traditionally been regarded as the domain of criminal law scholars and practitioners, many of the most important questions now being debated closely parallel the sorts of questions that dispute resolution scholars have long studied in the context of civil litigation.

The Marquette Plea Bargaining Conference thus brings together a distinguished group of scholars from both the criminal law and dispute resolution fields for a unique, interdisciplinary discussion of plea bargaining. Topics to be addressed include: the relationship between substantive law and negotiated outcomes, the effects of cognitive bias on plea negotiation, and the connection between plea bargaining and victim-offender mediation. Additionally, in order to bring to bear the insights of practitioners, the Conference will also feature a roundtable discussion of leaders in the criminal justice field in Wisconsin.


Subscribe to RSS Feed

Saturday, April 14th
12:00 AM

Dispute Resolution in Criminal Law

Michael M. O'Hear
Andrea Kupfer Schneider

12:00 AM - 12:00 AM

9:15 AM

Bargaining Power in the Shadow of the Law: Commentary to Professors Wright & Engen, Professor Birke, and Josh Bowers

Daniel D. Barnhizer

9:15 AM - 10:45 AM

Charge Movement and Theories of Prosecutors

Ronald F. Wright
Rodney L. Engen

9:15 AM - 10:45 AM

Cooperating or Caving in: Are Defense Attorneys Shrewd or Exploited in Plea Bargaining Negotiations

Andrea Kupfer Schneider

9:15 AM - 10:45 AM

Grassroots Plea Bargaining

Josh Bowers

9:15 AM - 10:45 AM

The Role of Trial in Promoting Cooperative Negotiation in Criminal Practice

Richard Birke

9:15 AM - 10:45 AM

11:00 AM

Heuristics, Biases, and Criminal Defendants

Chad M. Oldfather

11:00 AM - 12:30 PM

Prosecutorial Passion, Cognitive Bias, and Plea Bargaining

Alafair S. Burke

11:00 AM - 12:30 PM

Reconsidering the Relationship Between Cognitive Psychology and Plea Bargaining

Russell Covey

11:00 AM - 12:30 PM

Social Psychology, Information Processing, and Plea Bargaining

Rebecca Hollander-Blumoff

11:00 AM - 12:30 PM

12:30 PM

Plea Bargaining from the Criminal Lawyer's Perspective: Plea Bargaining in Wisconsin

E. Michael McCann
Michelle Jacobs
Erik Peterson
Dean Strang
Nathan Fishbach
Deja Vishny

12:30 PM - 2:00 PM

2:00 PM

Apologies and Plea Bargaining

Margareth Etienne
Jennifer K. Robbennolt

2:00 PM - 3:30 PM

Dignity, Equality, and Public Interest for Defendants and Crime Victims in Plea Bargains: A Response to Professor Michael O'Hear

Douglas E. Beloof

2:00 PM - 3:30 PM

Plea Bargaining and Victims: From Consultation to Guidelines

Michael M. O'Hear

2:00 PM - 3:30 PM

The Ultimate Penal Sanction and "Closure" for Survivors of Homicide Victims

Marilyn Peterson Armour
Mark S. Umbreit

2:00 PM - 3:30 PM

Traces of a Libertarian Theory of Punishment

Erik Luna

2:00 PM - 3:30 PM