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Tel: 215.746.2297
Email: sbibas@law.upenn.edu
Expertise
- Criminal Law
- Criminal Law Theory
- Criminal Sentencing
- Law and Criminal Justice
- Social Science and the Law
- Legal Process and Dispute Resolution
Bio
Stephanos Bibas explores how procedural rules written for jury trials have unintended consequences when 95 percent of defendants plead guilty.
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Stephanos Bibas explores how procedural rules written for jury trials have unintended consequences when 95 percent of defendants plead guilty. He studies the powers, incentives, information, and psychology that shape how prosecutors, defense counsel, defendants, and judges behave. His 2004 paper, Plea Bargaining Outside the Shadow of Trial (Harvard Law Review), explored the agency costs, structural forces, and psychological biases that cause plea bargaining to deviate from expected trial outcomes. He also studies the divorce between criminal procedure’s focus on efficiency and criminal law’s interest in healing victims, defendants, and communities. He is writing a book (Assembly-Line Criminal Justice, Oxford, forthcoming 2012) on how criminal justice should do more to encourage acceptance of responsibility, remorse, apology, and forgiveness.
As director of Penn’s Supreme Court Clinic, Bibas litigates a wide range of Supreme Court cases, both criminal and civil. He and his co-counsel won a landmark victory in Padilla v. Kentucky in 2010, persuading the Court to recognize the right of noncitizen defendants to accurate information about deportation before they plead guilty. His academic work played a central role in the Supreme Court’s landmark case of Blakely v. Washington. He received the Robert A. Gorman Award for Excellence in Teaching in 2008.
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Representative Professional Positions
Visiting Associate Professor – University of Chicago (winter/spring 2006), Penn Law (fall 2005)
Law Clerk to Justice Anthony Kennedy, Supreme Court of the United States (1997-98)
Yale Law School – Research Fellow (2000-01)
Penn Law – Professor of Law and Criminology (2009- ); Director, Supreme Court Clinic (2009- ); Professor of Law (2006-09)
United States Attorney’s Office for the Southern District of New York – Assistant U.S. Attorney (1998-2000)
University of Iowa – Associate Professor (2001-06)
Representative Publications
ASSEMBLY-LINE CRIMINAL JUSTICE (under contract with Oxford Univ. Press. (forthcoming 2011)
Regulating the Plea-Bargaining Market: From Caveat Emptor to Consumer Protection, 99 CALIF. L. REV. 1117 (2011).
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Two Cheers, Not Three, For Sixth Amendment Originalism, 34 HARV. J.L. & PUB. POL'Y 45 (2011).
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International Idealism Meets Domestic-Criminal-Procedure Realism, 59 DUKE L.J. 637 (2010) (with William W. Burke-White).
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Prosecutorial Regulation Versus Prosecutorial Accountability, 157 U. PA. L. REV. 959 (2009).
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Policing Politics at Sentencing, 103 NW. U. L. REV. 1371 (2009) (coauthored with
Max M. Schanzenbach and Emerson H. Tiller).
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Restoration, But Also More Justice, in CRIMINAL LAW CONVERSATIONS 595 (Paul H. Robinson,
Kimberly Ferzan, & Stephen P. Garvey eds. 2009).
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Political versus Administrative Justice, in CRIMINAL LAW CONVERSATIONS 677 (Paul H. Robinson,
Kimberly Ferzan, & Stephen P. Garvey eds. 2009).
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Invasions of Conscience and Faked Apologies, in CRIMINAL LAW CONVERSATIONS 196 (Oxford Univ. Press 2009).
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Policing Politics at Sentencing, 103 NW. U. L. REV. 1371 (2009) (with Max M. Schanzenbach and Emerson H. Tiller).
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The Heart Has Its Value: The Justifiable Persistence of the American Death Penalty, in CRIMINAL LAW CONVERSATIONS 643 (Paul H. Robinson, Kimberly Ferzan, & Stephen P. Garvey eds., 2009) (with Douglas A. Berman).
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Rewarding Prosecutors for Performance, 6 OHIO ST. J. CRIM. L. 441 (2009) (symposium
essay).
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Judicial Fact-Finding at Sentencing, in ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES (2008).
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Engaging Capital Emotions (with Douglas A. Berman) 102 NW. U. L. REV. COLLOQUY 355 (2008).
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The Sixth Amendment and Criminal Sentencing (with Susan R. Klein), 30 CARDOZO L. REV. 775 (2008) (with Susan R. Klein).
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Rita v. United States Leaves More Open Than it Answers, 20 FED. SENTENCING REPORTER 28 (2007).
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Forgiveness in Criminal Procedure, 4 OHIO ST. J. CRIM. L. 329 (2007).
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Making Sentencing Sensible, 4 OHIO ST. J. CRIM. L. 37 (2006) (with Douglas A. Berman), cited with approval in Cunningham v. California, 127 S. Ct. 856, 873 (2007) (Kennedy, J., dissenting).
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The Rehnquist Court's Fifth Amendment Incrementalism, 74 GEO. WASH. L. REV. 1078 (2006).
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Transparency and Participation in Criminal Procedure, 81 N.Y.U. L. REV. (June 2006), cited with approval in Kansas v. Marsh, 126 S. Ct. 2516, 2532 n.3 (2006) (Scalia, J., dissenting).
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White-Collar Plea Bargaining and Sentencing After Booker, 47 WM. & MARY L. REV. 721 (2005).
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Regulating Local Variations in Federal Sentencing, 58 STAN. L. REV. 137 (2005).
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Brady v. Maryland: From Adversarial Gamesmanship Toward the Search for Innocence?, in CRIMINAL PROCEDURE STORIES (Carol Steiker ed., 2005)
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Integrating Remorse and Apology into Criminal Procedure (with Richard A. Bierschbach) 114 YALE L.J. 85 (2004).
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Plea Bargaining Outside the Shadow of Trial, 117 HARV. L. REV. 2463 (2004).
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For additional publications, please consult
Current & Recent Research
Representative Professional Activities
Brief of Amici Curiae Criminal and Immigration Law Professors et al. in support of certiorari
petition in Padilla v. Kentucky, Supreme Court of the United States, 2009
(11/16/2004)
Brief of Amici Curiae Sentencing Scholars in support of petitioner in Oregon v. Ice, Supreme
Court of the United States, 2008
Brief of Amicus Curiae National District Attorneys Association in support of petitioner in
Iowa v. Tovar, Supreme Court of the United States, 2003
Member, Philadelphia Mayor’s Advisory Task Force on Ethics and Campaign Finance
Reform, 2008-09
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