Law Commons^™

White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas

William & Mary Law Review

No abstract provided.

Section 7: Criminal Procedure, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Trial Distortion And The End Of Innocence In Federal Criminal Justice, Ronald F. Wright

ExpressO

This article starts with a troubling and unnoticed development in federal criminal justice: acquittals have virtually disappeared from the system in the last 15 years, and for all the wrong reasons. It seems likely that prosecutors have increased the “trial penalty” so much that defendants with meaningful defenses feel compelled to plead guilty, undermining the truth-finding function of the criminal process.

The article examines these federal developments in light of a proposed “trial distortion theory.” The theory I develop here evaluates the quality of plea negotiation practices in a jurisdiction by asking whether the system produces outcomes (convictions, acquittals and …

Identity Crisis: United States V. Hiibel And The Continued Erosion Of Privacy Rights, Beth Rosenblum

Nevada Law Journal

No abstract provided.

Conflicting Stories And Reasonable Doubt: Variations On W. (D.)'S Theme, Steve Coughlan

Articles, Book Chapters, & Popular Press

Whether the guilt of an accused has been proven beyond a reasonable doubt is always a difficult issue, particularly so when the accused has testified. There is little difficulty when an accused's exculpatory testimony is accepted by the trial judge, since that of course leads unambiguously to an acquittal. More complex is the situation where a trial judge does not simply accept the accused's version of events — that is, most of the time. In those circumstances, trial judge must embark down the twisty road of deciding whether disbelieved testimony can nonetheless result in an acquittal, or alternatively whether an …

Subsidiarity, Federalism, And Federal Prosecution Of Street Crime, John F. Stinneford

John F. Stinneford

No abstract provided.