Stephanos Bibas

Stephanos Bibas

Position: 

Professor of Law

Biographical Information

Stephanos Bibas joined the College of Law faculty as an Associate Professor in 2001 and taught criminal law and criminal procedure until 2005. He is a scholar of criminal procedure with expertise in criminal charging, plea bargaining and sentencing. A former federal prosecutor, Bibas examines how procedural rules written for jury trials have unintended consequences when cases involving jury trials are the exception, rather than the rule, with 95 percent of defendants pleading guilty. Bibas also studies the role of substantive goals such as remorse and apology in criminal procedure. After leaving Iowa, Professor Bibas joined the law faculty of the University of Pennsylvania.

Publications

Book Chapters

Stephanos Bibas, "Using Plea Procedures to Combat Denial and Minimization," in Judging in a Therapeutic Key: Therapeutic Jurisprudence and the Courts, edited by Bruce J. Winick and David B. Wexler. Durham, NC: Carolina Academic Press, 2003, at 169.

Articles

Stephanos Bibas, “The Rehnquist Court's Fifth Amendment Incrementalism,” 74 George Washington Law Review 1078 (2006).
Stephanos Bibas,"Transparency and Participation in Criminal Procedure," 81 New York University Law Review 911 (2006).
Stephanos Bibas,“Originalism and Formalism in Criminal Procedure: The Triumph of Justice Scalia, the Unlikely Friend of Criminal Defendants?” 94 Georgetown Law Journal 183 (2005).
Stephanos Bibas, “Regulating Local Variations in Federal Sentencing,” 58 Stanford Law Review 137 (2005).
Stephanos Bibas,“White-collar Plea Bargaining and Sentencing after Booker,” 47 William & Mary Law Review 721 (2005).
Stephanos Bibas, “The Blakely Earthquake Exposes the Procedure/Substance Fault Line,” 17 Federal Sentencing Reporter 258 (2005).
Stephanos Bibas, “Blakely's Federal Aftermath,” 16 Federal Sentencing Reporter 333 (2004).
Stephanos Bibas, "The Feeney Amendment and the Continuing Rise of Prosecutorial Power to Plea Bargain," 94 Journal of Criminal Law and Criminology 295 (2004).
Stephanos Bibas, "Integrating Remorse and Apology into Criminal Procedure," with Richard A. Bierschbach, 114 Yale Law Journal 85 (2004).
Stephanos Bibas, "Plea Bargaining Outside the Shadow of Trial," 117 Harvard Law Review 2463 (2004).
Stephanos Bibas, "The Psychology of Hindsight and After-the-Fact Review of Ineffective Assistance of Counsel," 2004 Utah Law Review 1.
Stephanos Bibas, “Apprendi in the States: the Virtues of Federalism as a Structural Limit on Errors," 94 Journal of Criminal Law and Criminology 1 (2003).
Stephanos Bibas, "Bringing Moral Values into a Flawed Plea Bargaining System," 88 Cornell Law Review 1425 (2003).
Stephanos Bibas, "Harmonizing Substantive-Criminal-Law Values and Criminal Procedure: The Case of Alford and Nolo Contendere Pleas," 88 Cornell Law Review 1361 (2003).
Stephanos Bibas, "The Right to Remain Silent Helps Only the Guilty," 88 Iowa Law Review 421 (2003).
Stephanos Bibas, "Back From the Brink: The Supreme Court Balks at Extending Apprendi to Upset Most Sentencing," 15 Federal Sentencing Reporter 79 (2002). 4 pages; excerpted in "Back From the Brink," Legal Times (February 4, 2002), at 43 and in "The High Court Finds a Balance Between Judges and Juries," Fulton County Daily Reporter (August 13, 2002).
Stephanos Bibas, "How Apprendi Affects Institutional Allocations of Power," 87 Iowa Law Review 465 (2002).
Stephanos Bibas, “Apprendi and the Dynamics of Guilty Pleas," 54 Stanford Law Review 311 (2001).
Stephanos Bibas, “Apprendi's Perverse Effects on Guilty Pleas under the Guidelines," 13 Federal Sentencing Reporter 333 (2001).
Stephanos Bibas, "Judicial Fact-Finding and Sentence Enhancements in a World of Guilty Pleas," 110 Yale Law Journal 1097 (2001).

Book Reviews

Staphanos Bibas, "The Real-World Shift in Criminal Procedure,” review of Comprehensive Criminal Procedure, by Ronald J. Allen et. al. and Criminal Procedures, by Marc L. Miller and Ronald F. Wright. 93 Journal of Criminal Law & Criminology 789 (2003).
Stephanos Bibas, "Plea's Progress," review of Plea Bargaining's Triumph: A History of Plea Bargaining in America, by George Fisher. 102 Michigan Law Review 1024 (2003).

Reports

Stephanos Bibas, Testimony of Stephanos Bibas Before the United States Sentencing Commission, (November 16, 2004), 12 pages,