Active trial judging extends into negotiating pleas and settlements between parties
Evidence
Although some judges believe it inappropriate to get involved in plea negotiations in criminal cases, many others discuss with prosecutors and defense counsel the evidence in a case, the charges to which a defendant will plead guilty, and the sentence he or she will receive. … Effective participation in case negotiations requires not only legal expertise but also interpersonal skills. — G. Alan Tarr, Judicial Process and Judicial…, 568
Categorization
- DEFINE: Clarifies that a trial judge’s role is not limited to passive adjudication but includes active case negotiation — a counterintuitive aspect of the judging role introduced in chapter 18 themes.
- XREF: Connects to the earlier chapter-18 claim that judges must abandon adversarial advocacy for impartial detachment — yet here appellate/trial judges actively mediate outcomes. — connects to: Injunctions are equitable remedies distinct from monetary damages. — G. Alan Tarr, Judicial Process and Judicial…, 178; Case negotiations occur in the shadow of the law set by trial outcomes; Civil cases are typically settled in the shadow of potential trial — G. Alan Tarr, Judicial Process and Judicial…, 2161 (+7 more)
Broader Connections
- Civil cases are typically settled in the shadow of potential trial
#exemplifies(0.90) — G. Alan Tarr, Judicial Process and Judicial…, 2161 - Case negotiations occur in the shadow of the law set by trial outcomes
#expands(0.85) - Civil settlements happen in the shadow of what a trial would produce
#expands(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 1045 - Credible settlement leverage requires genuine willingness to proceed to trial
#corroborates(0.80) — Jonathan Harr, A Civil Action, 2447 - Plea bargaining operates as a rough informal system of precedent
#contradicts(0.72) — G. Alan Tarr, Judicial Process and Judicial…, 1751