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Asymmetries And Incentives In Plea Bargaining And Evidence Production, Saul Levmore, Ariel Porat
Asymmetries And Incentives In Plea Bargaining And Evidence Production, Saul Levmore, Ariel Porat
Ariel Porat
Legal rules severely restrict payments to fact witnesses, though the government can often offer plea bargains or other nonmonetary inducements to encourage testimony. This asymmetry is something of a puzzle, for most asymmetries in criminal law favor the defendant. The asymmetry seems to disappear where physical evidence is at issue. One goal of this Essay is to understand the distinctions, or asymmetries, between monetary and nonmonetary payments, testimonial and physical evidence, and payments by the prosecution as opposed to the defense. Another is to suggest ways in which law could better encourage the production of evidence, and thus the efficient …
Neuroscience And Post-Sentence Civil Commitment: A Response To Professors Erickson And Goldberg, Adam Lamparello
Neuroscience And Post-Sentence Civil Commitment: A Response To Professors Erickson And Goldberg, Adam Lamparello
Adam Lamparello
Our knowledge of human behavior, particularly when it comes to assessing what a person may do in the future, continues to develop. Neuroscience has provided insight into whether a person is likely to engage in further acts of violence. It is important to proceed cautiously, but to proceed nonetheless, because contemporary efforts to uncover the biological roots of violence have much more promise than their predecessors.