UCHastings Instagram

@hastingswlj EIC Sonya L. Rahders kicks off the "Bringing to Light" Symposium. #UCHastings
Instagram Photo Likes ms_lagunitas, dan1sha, kmatayoshi and 20 others like this.
Thursday, April 04, 2013

Helping Scholars in Brazil Understand U.S. Criminal Justice

Professor George Bisharat recently spoke to a group of Brazilian legal scholars about how the U.S. criminal justice system uses plea bargaining.

His talk was part of an ongoing exchange of scholars between UC Hastings and the Federal University Fluminense and other Brazilian law faculties. Exchanges between UC Hastings and international law schools open opportunities for the anthropological study of law, that is, how the law works in practice, as compared with doctrine or theory.

“As I am not an expert in Brazilian law, I see my role as giving Brazilian legal scholars the building blocks to make their own comparisons” between the U.S. and Brazilian criminal justice systems, Bisharat explained. “Of course I hope that these comparisons are useful either in helping Brazilians craft reforms to their legal system or to simply understand better how it actually functions.”

While the U.S. criminal justice system is typically described as one dominated by trial by jury, Bisharat told his international colleagues, that actually happens in only a small percentage of cases, with 95% being resolved through plea bargaining. “I tried to explain how our jury trial system transforms into the plea-bargain machine,” Bisharat said.

It’s troubling, then, that plea bargaining is not taught as part of most law school curricula, he said. It’s covered in some advanced criminal procedure courses, but those focus on the laws about plea bargaining, “not how it actually works,” Bisharat said. “It’s something that deserves much more treatment than a couple of hours in a class, particularly as the U.S. Supreme Court has recently ruled that criminal defendants are entitled to effective assistance of counsel in plea bargaining. We need to be teaching students how to become effective negotiators in criminal cases.”

A former public defender in San Francisco, Bisharat teaches plea bargaining in his Criminal Practice Clinic. There, students have two weeks of intensive training, along with video-taped simulation exercises. Then, they work at least 32 hours a week as an extern in a local prosecutor or public defender’s office. Students then debrief with Bisharat and other faculty supervisors.

Bisharat and his Brazilian colleagues take an anthropological approach to the law, he said. It is scholarship based on long-term ethnographic field work, as opposed to library research on legal doctrine. “We are focused on what is actually happening in real court rooms, and why,” and how it links to larger societal goals and pressures. “These worlds are extremely rich and deep. If you spend too little time observing, you might miss crucial but infrequent events,” he said. Bisharat brings that depth of real-world observation and analysis to his classroom and clinic work.

Bisharat studied law, Middle East studies and anthropology at Harvard University with some of the top legal anthropologists in the country who study “law as process.” He then worked as trial lawyer for four years in San Francisco before joining the UC Hastings faculty in 1991. He teaches Criminal Procedure, the Criminal Practice Clinic, Islamic Law, and Law and Social Anthropology.

Go to News Archive

Share this Story

Share via Facebook
Share via TwitterShare via EmailPrint Friendly Version

Other Recent Stories/ RSS

Wednesday, January 28, 2015

AFSCME & UC Hastings Reach Tentative Contract Agreement

“Good faith compromise on both sides” leads to labor peace.
Wednesday, January 28, 2015

Professor Scott Dodson’s New Book on Legacy of Ruth Bader Ginsburg featured in Inaugural Episode of The RightsCast

New video podcast series, produced by Professor Nancy Leong of University of Denver Sturm College of Law, features timely and important research relating to civil rights.
Tuesday, January 27, 2015

HSIR Students Survey Rural Housing Conditions Over Break

 "Sometimes you don’t get it until you talk to the people who are affected."
Tuesday, January 27, 2015

Q + A with Yousef Farsakh '12

In his position at King & Spalding in Saudi Arabia, Farsakh helped win the IFN 2014 "Deal of the Year" award and is now helping to structure the agreement to erect the world's tallest building.
Monday, January 26, 2015

Suzette Pringle '10 Wins Pro Bono Service Award

The Lawyers' Committee for Civil Rights honored Pringle at the annual Martin Luther King Jr. Luncheon.
Go to News Archive