The hidden law of plea bargaining

AM Crespo - Columbia Law Review, 2018 - JSTOR
The American criminal justice system is a system of pleas. Few who know it well think it is
working. And yet, identifying plausible strategies for law reform proves challenging, given …

Punishing the innocent

J Bowers - U. Pa. L. Rev., 2007 - HeinOnline
Much has been made of an" innocence problem" in plea bargaining.'Even scholars who
view plea bargaining as systemically positive nevertheless propose reforms to limit access …

Regulating the plea-bargaining market: From caveat emptor to consumer protection

S Bibas - Calif. L. Rev., 2011 - HeinOnline
The US Supreme Court's decision last year in Padilla v. Kentucky marks a watershed in the
Court's approach to regulating plea bargains. Padilla held that, before a guilty plea, criminal …

The political economy of prosecution

SC Gordon, GA Huber - Annual Review of Law and Social …, 2009 - annualreviews.org
Contemporary advances in the field of political economy, particularly those concerning the
subject of delegated authority, can provide a unifying framework for analyzing the behavior …

Plea bargaining and procedural justice

MM O'hear - Ga. L. Rev., 2007 - HeinOnline
Plea bargaining now dominates the day-to-day operation of the American criminal justice
system; about ninety-five percent of convictions are obtained by way of a guilty plea.'Indeed …

Fairness and the willingness to accept plea bargain offers

A Tor, O Gazal‐Ayal, SM Garcia - Journal of Empirical Legal …, 2010 - Wiley Online Library
In contrast with the common assumption in the plea bargaining literature, we show fairness‐
related concerns systematically impact defendants' preferences and judgments. In the …

Rethinking plea bargaining: the practice and reform of prosecutorial adjudication in American criminal procedure

M Langer - Am. J. Crim. L., 2005 - HeinOnline
This Article draws a distinction between two kinds of plea bargain-ing. In some instances,
the practice of plea bargaining leads to what this Article calls de facto unilateral adjudication …

Fixed justice: Reforming plea bargaining with plea-based ceilings

RD Covey - Tul. L. Rev., 2007 - HeinOnline
with Plea-Based Ceilings Page 1 Fixed Justice: Reforming Plea Bargaining with Plea-Based
Ceilings Russell D. Covey* The ubiquity of plea bargaining creates real concern that …

The methodology of the behavioral analysis of law

A Tor - Haifa Law Review, 2008 - papers.ssrn.com
This article examines the behavioral analysis of law, meaning the application of empirical
behavioral evidence to legal analysis, which has become increasingly popular in legal …

[PDF][PDF] Plea and charge bargaining

L Devers - Research summary, 2011 - fluxconsole.com
“Plea bargaining is a defining, if not the defining, feature of the federal criminal justice
system”(Brown and Bunnell, 2006: 1063). In plea bargaining, a defendant is faced with a …