Conference on Plea Bargaining

Understanding and Improving Dispute Resolution in Criminal Law

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.

April 14, 2007

Schedule:

Time	Detail
8:30 - 9:00 a.m.	Registration Sensenbrenner Hall, 3rd Floor
9:00 a.m.	Welcome Joseph D. Kearney, Dean and Professor of Law, Marquette Law School, Room 325
9:15 - 10:45 a.m.	Bargaining in the Shadow of the Law - The Relationship Between Plea Bargaining and Criminal Code Structure Presentations: Ronald Wright, Wake Forest Law School Rodney Engen, North Carolina State Department of Sociology Richard Birke, Willamette Law School Josh Bowers, University of Chicago Law School Commentator: Daniel Barnhizer, Michigan State Law School Moderator: Andrea Schneider, Marquette Law School
10:45 a.m.	Break
11:00 a.m. - 12:30 p.m.	Insights from the Field of Psychology Presentations: Rebecca Hollander-Blumoff, Washington University Law School Alafair Burke, Hofstra Law School Russell Covey, Whittier Law School Commentary: Stephanos Bibas, Pennsylvania Law School Moderator: Chad Oldfather, Marquette Law School
12:30 - 2:00 p.m.	Lunch with Round Table Discussion: Plea Bargaining in Wisconsin Eisenberg Memorial Hall Participants: Steven Biskupic, United States Attorney for the Eastern District of Wisconsin Nathan Fishbach, White Hirschboeck Dudek E. Michael McCann, Marquette Law School Erik Peterson, United States Attorney for the Western District of Wisconsin Dean Strang, Hurley, Burish & Stanton Deja Vishney, Office of the Wisconsin State Public Defender Moderator: Daniel Blinka, Marquette Law School
2:00 - 3:30 p.m.	Victims, Apology, and the Restorative Justice in Criminal Procedure Presentations: Erik Luna, Utah Law School Margareth Etienne, Illinois Law School Jennifer Robbennolt, Illiniois Law School and Department of Psychology Commentaries: Paul Robinson, Pennsylvania Law School Mark Umbreit, University of Minnesota School of Social Work Moderator: Janine Geske, Marquette Law School

Registration
There is a $50.00 charge for this all-day conference; reservations are needed and space is limited. Please reserve your spot by April 11, 2007.
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Contact Information

Sharon Hill, Marquette Law School
(414) 288-3799
e-mail: sharon.hill@marquette.edu