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Confessions

William & Mary Law Review

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Full-Text Articles in Law

Why Plea Bargains Are Not Confessions, Brandon L. Garrett Mar 2016

Why Plea Bargains Are Not Confessions, Brandon L. Garrett

William & Mary Law Review

Is a plea bargain a type of confession? Plea bargaining is often justified as, at its core, a process involving in-court confession. The U.S. Supreme Court’s early decisions approved plea bargains as something “more than a confession which admits that the accused did various acts.” I argue in this Article that plea bargains are not confessions—they do not even typically involve detailed admissions of guilt. The defendant generally admits to acts satisfying elements of the crime—a legally sufficient admission to be sure, but often not under oath, and often not supported by any extensive factual record. Because plea bargains typically …


"So I Says To "The Guy,' I Says...": The Constitutionality Of Neutral Pronoun Redaction In Multidefendant Criminal Trials, Bryan M. Shay Oct 2006

"So I Says To "The Guy,' I Says...": The Constitutionality Of Neutral Pronoun Redaction In Multidefendant Criminal Trials, Bryan M. Shay

William & Mary Law Review

No abstract provided.


To Serve And Yet To Be Protected: The Unconstitutional Use Of Coerced Statements In Subsequent Criminal Proceedings Against Law Enforcement Officers, Andrew M. Herzig Oct 1993

To Serve And Yet To Be Protected: The Unconstitutional Use Of Coerced Statements In Subsequent Criminal Proceedings Against Law Enforcement Officers, Andrew M. Herzig

William & Mary Law Review

No abstract provided.


Procedure: Failure To Exhaust Appellate Remedies As A Bar To Relief, John E. Donaldson Oct 1961

Procedure: Failure To Exhaust Appellate Remedies As A Bar To Relief, John E. Donaldson

William & Mary Law Review

No abstract provided.