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연구논문(硏究論文) : 플리바게닝의 약사(略史)에 관한 이해
( John H. Langbein(저) ),김종구(역) ( Jong Goo Kim ) 단국대학교 법학연구소 2012 법학논총 Vol.36 No.2
As late as the eighteenth century, ordinary jury trial at common law was a judge-dominated, lawyer-free procedure conducted so rapidly that plea bargaining was unnecessary. Thereafter, the rise of adversary procedure and the law of evidence injected vast complexity into jury trial and made it unworkable as a routine dispositive procedure. A variety of factors, some quite fortuitous, inclined nineteenth century common law procedure to channel the mounting caseload into nontrial plea bargaining procedure rather than to refine its trial procedure as contemporary Continental legal systems were doing.