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Full-Text Articles in Law
Reported Experiences With Plea Bargaining: A Theoretical Analysis Of The Legal Standard, Krystia Reed, Allison Franz, Vincent Calderon, Alisha Meschkow, Valerie F. Reyna
Reported Experiences With Plea Bargaining: A Theoretical Analysis Of The Legal Standard, Krystia Reed, Allison Franz, Vincent Calderon, Alisha Meschkow, Valerie F. Reyna
West Virginia Law Review
Although the majority of criminal cases in the United States are settled with plea bargains, very little empirical evidence exists to explain how defendants make life-altering plea bargain decisions. This Article first discusses the psychologicalfactors involved in plea bargaining decisions. Next, this Article empirically examines the factors involved in plea decisions of real-life defendants within the legal and psychological contexts. Finally, this Article highlights the psychological issues that need to be further examined in pleabargaining literature.
Internal And External Challenges To Culpability, Stephen J. Morse
Internal And External Challenges To Culpability, Stephen J. Morse
All Faculty Scholarship
This article was presented at “Guilty Minds: A Virtual Conference on Mens Rea and Criminal Justice Reform” at Arizona State University’s Sandra Day O’Connor College of Law. It is forthcoming in Arizona State Law Journal Volume 53, Issue 2.
The thesis of this article is simple: As long as we maintain the current folk psychological conception of ourselves as intentional and potentially rational creatures, as people and not simply as machines, mental states will inevitably remain central to ascriptions of culpability and responsibility more generally. It is also desirable. Nonetheless, we are in a condition of unprecedented internal challenges to …
White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis
White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis
Articles
Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does not have …