- Samuel Stuart / Sam Hollenshead
Professor of Law and Criminology
Director, Supreme Court Clinic
Stephanos Bibas studies the powers and incentives that shape how prosecutors, defense counsel, defendants, and judges behave in the real world of guilty pleas. 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. His new book (The Machinery of Criminal Justice, Oxford 2012) explains how criminal justice should do more to encourage acceptance of responsibility, remorse, apology, and forgiveness.