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Plea Bargaining's Baselines, Josh Bowers
Plea Bargaining's Baselines, Josh Bowers
William & Mary Law Review
In this Symposium Article, I examine the Courts unwillingness to take seriously the issue of coercion as it applies to plea bargaining practice. It is not so much that the Court has ignored coercion entirely. Rather, it has framed the inquiry in a legalisticmanner that has made immaterial the kinds of considerations we might think most relevant to the evaluation. The Court has refused to ask qualitative questions about felt pressure, prosecutorial motivation, or the risk or reality of excessive punishment. All that matters is legal permissibility. A prosecutor may compel a defendant to plead guilty as long as she …
Guilt, Innocence, And Due Process Of Plea Bargaining, Donald A. Dripps
Guilt, Innocence, And Due Process Of Plea Bargaining, Donald A. Dripps
William & Mary Law Review
No abstract provided.