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Post-Trial Plea Bargaining In Capital Cases: Using Conditional Clemency To Remove Weak Cases From Death Row, Adam M. Gershowitz
Post-Trial Plea Bargaining In Capital Cases: Using Conditional Clemency To Remove Weak Cases From Death Row, Adam M. Gershowitz
Washington and Lee Law Review
Plea bargaining accounts for over ninety percent of criminal convictions and it dominates the American criminal justice system. Yet, once a defendant is convicted, bargaining almost completely disappears from the system. Even though years of litigation are on the horizon, there is nearly no bargaining in the appellate and habeas corpus process. There are two reasons for this. First, prosecutors and courts typically lack the power to alter a sentence that has already been imposed. Second, even if prosecutors had the authority to negotiate following a conviction, they would have little incentive to do so. Affirmance rates in ordinary criminal …
The Demise Of Capital Clemency, Paul J. Larkin Jr.
The Demise Of Capital Clemency, Paul J. Larkin Jr.
Washington and Lee Law Review
No abstract provided.