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- Maternal Altruistic Filicide; Phillip Resnick; Mental Illness; Psychosis; Suicide; Motherhood; Post-Partum; Mental Health Services in Prisons; Brown v. Plata; Insanity Defense; M'Naghten Standard; Guilty but Mentally Ill; Rasho v. Jeffreys; Mental Health Courts; Diversionary Courts (1)
- Non-Prosecution Agreements; Jeffrey Epstein; Crime Victims' Rights Act; USAO; Courtney Wild; Department of Justice; Office of Professional Responsibility; Prosecutorial Discretion; Professional Misconduct; Crime Victim Rights; Pre-Charge Proceedings; Unconscionability; Contract Law; Procedural Unconscionability; Substantive Unconscionability; Courtney Wild Crime Victims' Rights Reform Act (1)
- Sentencing; prosecutorial breach; breach of contract; contractual rights; plea bargain; guilty plea; right to cure; ineffectiveness of counsel; reasonable expectations; deferred remedy; fairness; collusion (1)
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Murder And A Mother’S Love: Understanding Maternal Altruistic Filicide And Reshaping The Legal System’S Approach To Mentally Ill Mothers Who Kill Their Children, Morgan Woodbridge
Murder And A Mother’S Love: Understanding Maternal Altruistic Filicide And Reshaping The Legal System’S Approach To Mentally Ill Mothers Who Kill Their Children, Morgan Woodbridge
Journal of Law and Policy
Every year, thousands of children are killed by their parents. Some of these killings are committed by mentally ill mothers who believe that death is in their children's best interest. This category of killings is called maternal altruistic filicide. Numerous studies have found that mothers who commit altruistic filicide are severely mentally ill and have histories of psychiatric illness, trauma, and suicidality. Despite this, mothers who commit altruistic filicide are often railroaded through the criminal legal system without access to adequate mental health care. Traditional legal procedures designed to assist the mentally ill, such as the insanity defense or the …
“A Tale Of National Disgrace”: Applying The Doctrine Of Unconscionability To Establish The Impermissibility Of Secret Non-Prosecution Agreements, Denna Fraley
Journal of Law and Policy
Crime victims are directly harmed by crime and therefore have a stake in, and should be treated as individual participants in the criminal justice process. In recognition of this, Congress passed the Crime Victims’ Rights Act (“CVRA”) in 2004 to enumerate specific rights afforded to crime victims, including the rights to confer with the prosecutor in the case, to be heard at public court proceedings involving a plea or sentencing, to be informed in a timely manner of a plea bargain or deferred prosecution agreement, and to be treated with fairness and respect. Whether the CVRA extends these rights to …
Plea Bargains, Prosecutorial Breach, And The Curious Right To Cure, Michael D. Cicchini
Plea Bargains, Prosecutorial Breach, And The Curious Right To Cure, Michael D. Cicchini
Brooklyn Law Review
When the prosecutor breaches a plea bargain—e.g., by recommending prison instead of the agreed-upon probation—the defendant is entitled to a remedy: either sentencing in front of a different judge or plea withdrawal. However, if defense counsel objects to the breach, the prosecutor may halfheartedly change the recommendation to probation. Most courts have held that to be an effective “cure”—even when the judge then sentences the defendant to prison, as the prosecutor originally recommended. The right to cure, which was intended for commercial sales contracts, fails miserably in the plea-bargain context. In the above example, the attempted cure is too late, …