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 …
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 …
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 …
Court's approach to regulating plea bargains. Padilla held that, before a guilty plea, criminal …
The political economy of prosecution
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 …
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 …
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
In contrast with the common assumption in the plea bargaining literature, we show fairness‐
related concerns systematically impact defendants' preferences and judgments. In the …
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 …
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 …
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 …
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 …
system”(Brown and Bunnell, 2006: 1063). In plea bargaining, a defendant is faced with a …