Topic
Plea Bargaining
Posts
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ArticleVol. 102 · Iss. 4
A World Without Federal Sentencing Guidelines
Most participants and observers of the criminal system perceive the Federal Sentencing Guidelines as excessively harsh. A foundational question has persisted since the creation…
Sam J. Merchant -
ArticleVol. 101 · Iss. 6
Illegitimate Choices: A Minimalist(?) Approach To Consent And Waiver In Criminal Cases
People suspected or convicted of crimes are constantly confronted with choices that can have significant impact on their liberty interests. They may be asked…
Christopher Slobogin & Kate Weisburd -
ArticleVol. 101 · Iss. 1
The Prosecution Bar
The American legal profession needs a prosecution bar. Before lawyers are permitted to appear for the government in a criminal case, they should be…
William Ortman -
ArticleVol. 88 · Iss. 4
Cooperation’s Cost
This Article explores the costs and benefits of criminal cooperation, the widespread practice by which prosecutors offer criminal defendants the opportunity to receive reduced…
Miriam Hechler Baer -
ArticleVol. 94 · Iss. 3
Judging Aggregate Settlement
While courts historically have taken a hands-off approach to settlement, judges across the legal spectrum have begun to intervene actively in “aggregate settlements”—repeated settlements…
David M Jaros & Adam S. Zimmerman -
ArticleVol. 95 · Iss. 2
Who Should Own Police Body Camera Videos?
Numerous cities, states, and localities have adopted police body camera programs to enhance police accountability in the wake of repeated instances of police misconduct,…
Laurent Sacharoff & Sarah Lustbader -
ArticleVol. 96 · Iss. 5
Second-Best Criminal Justice
Criminal procedure reform can be understood as a “second-best” enterprise. The general theory of second best applies where an ingredient necessary for a “first-best”…
William Ortman -
ArticleVol. 93 · Iss. 6
Unraveling Unlawful Command Influence
Military commanders are not just officers leading soldiers into battle. In the military justice system, they also serve quasi-prosecutorial roles and decide what charges…
Monu Bedi -
NoteVol. 91 · Iss. 5
A Change in the Environment of Plea Bargaining: Using the Inspiration of Administrative Procedural Safeguards Like NEPA to Add Process Protections
Plea bargaining has evolved into the most prominent way criminal justice is administered in the United States today, even though it is met with…
Jared R. Jedick -
NoteVol. 97 · Iss. 3
Littering for $500: How Does Judicial Estoppel Solve the Problems that Factually Baseless Pleas Pose to the Double Jeopardy Clause?
A factually baseless plea is one entered by a defendant for an offense that the defense, prosecution, and judge know that the defendant did…
Rob Mangone -
ArticleVol. 90 · Iss. 4
Police Misconduct as a Cause of Wrongful Convictions
This study gathers data from two mass exonerations resulting from major police scandals, one involving the Rampart division of the L.A.P.D., and the other…
Russell Covey