This article examines the repercussions of choosing a negotiating style for the present criminal case on the actions of opposing counsel in future cases. It scrutinizes the criminal plea negotiating process from the perspective of both a prosecuting attorney and a defense attorney. It analyzes this process using two philosophical theories: act utilitarianism and rule utilitarianism.
Joseph W. Vanover,
Utilitarian Analysis of the Objectives of Criminal Plea Negotiation and Negotiation Strategy Choice,
1998 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol1998/iss2/4