America's founding fathers believed jury trials to be a critical component of an orderly
democracy. Yet, fewer than 5% of America's cases are decided by juries. We present an …

Over 95% of criminal convictions in the United States are the result of guilty pleas.
Consequently, it is critical that we ensure the process of pleading guilty is as free of coercion …

The United States has the highest incarceration rate in the world. Its incarceration rate is
nearly seven percent higher than the next closest country (El Salvador) and more than four …

Each year, American prosecutors request the extradition of between 350 and 600 people
from foreign countries to be tried in US courts for alleged crimes. 1 Based on my experience …

Research on risk assessment in sentencing has focused heavily on the role of judges.
Ignoring the role of other courtroom actors in the sentencing process, however, leaves …

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 …

Cooperation is at the heart of most complex federal criminal cases, with profound
ramifications for who can be brought to justice and for the fate of those who decide to …

The real engine of the Supreme Court's blockbuster decision in Morrison v. National
Australia Bank Ltd. was not the Court's much-discussed invigorated presumption against …

One especially paradoxical element of Anglo-American criminal law is the practice of plea
bargaining. In thinking of justice under common law, we imagine a formal jury trial. Yet most …

Over the past few decades, the largely hidden, secretive, and widely used system of plea
bargaining has caught the fervent attention of scholars. The Shadow of the Trial model has …