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United States V. Erwin And The Folly Of Intertwined Cooperation And Plea Agreements, Kevin Bennardo
United States V. Erwin And The Folly Of Intertwined Cooperation And Plea Agreements, Kevin Bennardo
Washington and Lee Law Review Online
Cooperation agreements and plea agreements are separate and independent promises by criminal defendants to: (1) assist the Government in the prosecution of another person and (2) plead guilty. A defendant’s breach of one should not affect the Government’s obligation to perform under the other. All too often, however, these agreements are inappropriately intertwined so that a minor breach of the plea agreement relieves the Government of its obligation to move for a downward sentencing departure in recognition of the defendant’s substantial assistance. This intertwining undermines sentencing policy as set forth in the federal sentencing statute. Thus, a district court should …
Ending Recidivism: How A Judicial Paradigm Shift Could Prevent Recidivism By Sex Offenders, Geoffrey S. Weed
Ending Recidivism: How A Judicial Paradigm Shift Could Prevent Recidivism By Sex Offenders, Geoffrey S. Weed
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.