The Yale Law Journal

Stephanos Bibas


Victims Versus the State’s Monopoly on Punishment?

Stephanos Bibas

Gabriel Mendlow rightly argues that victims deserve larger roles in criminal justice, but mistakenly hints that they deserve exclusive control. Communities are also harmed by crimes and have standing to punish them. This Essay argues that criminal procedure should return to its roots as a communal m…


Taming Negotiated Justice

Stephanos Bibas

**This Essay is part of a Yale Law Journal Online series called "Summary Judgment," featuring short commentaries on recent Supreme Court cases.**

After four decades of neglecting laissez-faire plea bargaining, the Supreme Court got it right. In Missouri v. Frye1 and Lafler v. Cooper,2 the Court rec…


Integrating Remorse and Apology into Criminal Procedure

Stephanos Bibas & Richard A. Bierschbach

114 Yale L.J. 85 (2004)

Criminal procedure largely ignores remorse and apology or, at most, uses them as proxies for an individual defendant's badness. The field is preoccupied with procedural values such as efficiency, accuracy, and procedural fairness, to the exclusion of the criminal law's substan…


Judicial Fact-Finding and Sentence Enhancements in a World of Guilty Pleas

Stephanos Bibas

110 Yale L.J. 1097 (2001)

Last June, in Apprendi v. New Jersey, the Supreme Court held that any fact that increases a defendant's statutory maximum sentence must be proved to a jury beyond a reasonable doubt. This rule, like most of criminal procedure law and scholarship, rests on the assumption that…