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Academic Journals
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- 1From:Georgetown Journal of Legal Ethics (Vol. 35, Issue 1) Peer-ReviewedEvery day in courthouses throughout the United States, defendants are faced with a Faustian bargain: they can accept a plea deal that minimizes the pain of immediate incarceration, but with potentially devastating...
- 2From:Vanderbilt Law Review (Vol. 73, Issue 4)The overwhelming majority of convictions in the United States are obtained through guilty pleas. Many of these guilty pleas are a product of plea bargaining, where a defendant enters a guilty plea in exchange for some...
- 3From:American Criminal Law Review (Vol. 59, Issue 4)The American criminal justice system is cloaked in secrecy. The government employs covert surveillance operations. Grand-jury proceedings are hidden from public view. Prosecutors engage in closed-door plea-bargaining and...
- 4From:Georgetown Journal of Legal Ethics (Vol. 35, Issue 4) Peer-ReviewedINTRODUCTION In an age of mass incarceration, (1) the overwhelming majority of criminal cases end in plea deals. (2) It is thus unsurprising that plea deals are the first decision in the criminal process that the...
- 5From:Journal of Criminal Law and Criminology (Vol. 111, Issue 1) Peer-Reviewed"History, despite its wrenching pain, cannot be unlived, [but] if faced with courage, need not be lived again." Dr. Maya Angelou (1) When an African American male defendant tries to plea bargain an equitable justice...
- 6From:Fordham Urban Law Journal (Vol. 49, Issue 4)INTRODUCTION The federal criminal trial rate in the United States was 14% in 1990 and 5% in the year 2000. (1) In 2019, it was 2.4% (2) nationally and 0.7% in the District of Arizona, where this Author practices. (3)...
- 7From:American Criminal Law Review (Vol. 59, Issue 2)Scholarship on the American trial penalty, vast and diverse, analyzes it in connection with plea bargaining's dominance, its growth starting in the last third of the nineteenth century, and present-day racial disparities...
- 8From:American Criminal Law Review (Vol. 59, Issue 2)Criminal defense attorneys often engage in plea negotiations on behalf of their clients without knowledge of material, exculpatory information that the prosecution may possess, placing the defense at an unfair...
- 9From:Novos Estudos Jurídicos (Vol. 24, Issue 2) Peer-ReviewedThis article analyzes the institute of plea bargain and its evolution in the Brazilian legal system, alongside the context of transactional justice, which allows a deeper understanding of the "penal market". Thus,...
- 10From:Fordham Urban Law Journal (Vol. 49, Issue 2)INTRODUCTION The criminal legal system is a maze. People who find themselves in this maze are frequently cornered by its classist and racist hedges and dead ends. While much of the system is plagued with elitist...
- 11From:Harvard Law Review (Vol. 131, Issue 7)Criminal Law--Plea Bargains--District Court Denies Plea Bargain Due to the Public Interest in Understanding the Opioid Epidemic.--United States v. Walker, No. 2:17-cr-00010, 2017 WL 2766452 (S.D. W. Va. June 26, 2017)....
- 12From:Washington University Journal of Law & Policy (Vol. 66)INTRODUCTION You are a public defender or a prosecutor and have a pile of cases to handle in court today. All of the parties involved, including the judge, expect most of these cases to settle. You have done hundreds,...
- 13From:Georgetown Journal of Law & Public Policy (Vol. 19, Issue 2) Peer-ReviewedThe government is no longer adequately deterred from violating grand jury witnesses' Fourth Amendment rights to indict. In United States v. Calandra, the Supreme Court held that evidence derived from pre-indictmcnt...
- 14From:Journal of Criminal Law and Criminology (Vol. 111, Issue 3) Peer-ReviewedIn all state and federal jurisdictions in the United States, joinder allows prosecutors to join multiple offenses against a criminal defendant. Joinder pervades the American criminal justice system, and some...
- 15From:North Carolina Law Review (Vol. 99, Issue 5) Peer-ReviewedThis Article reveals how five states with presumptive (binding) sentencing guidelines have implemented the right announced in Blakely v. Washington to a jury finding of aggravating facts allowing upward departures from...
- 16From:Washington Law Review (Vol. 96, Issue 2)For more than 120 years, juvenile justice law has not substantively defined the core questions in most delinquency cases--when should the state prosecute children rather than divert them from the court system (the intake...
- 17From:Washington Law Review (Vol. 96, Issue 2)People charged with crimes often speak directly to the judge presiding over their case. Yet, what can be seen in courtrooms across the U.S. Is that defendants rarely "talk back" in court, meaning that they rarely...
- 18From:GP Solo (Vol. 38, Issue 3)America's criminal justice system is a composite of contributions from all three branches of government--the judicial, the legislative, and the executive. This is the criminal justice template in every jurisdiction,...
- 19From:Duke Law Journal (Vol. 70, Issue 7) Peer-ReviewedABSTRACT The agency problem, the idea that corporate directors and officers are motivated to prioritize their self-interest over the interest of their corporation, has had a long-lasting impact on corporate-law theory...
- 20From:Washington University Global Studies Law Review (Vol. 20, Issue 2)Can a jury-like institution be empowered to fully represent ordinary citizens under an authoritarian regime? This article evaluates the process and significance of China's 2015-2018 pilot project to reform its people's...