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Full-Text Articles in Criminal Law
Arbitrariness And Accountability In Plea Bargaining, Emma Brewer
Arbitrariness And Accountability In Plea Bargaining, Emma Brewer
Honors Theses
Justice is supposed to be a consistent, fair ideal of our society. If an individual is going to face punishment, there should be reasons why they receive the punishment they do, and two people who commit similar offenses should be punished similarly. These societal ideals are also embraced by the legal profession. Unfortunately, the current practice of plea bargains creates potential problems for our ability to satisfy that ideal of justice. Prosecutors have significant discretion in offering plea bargains. This discretion opens the door for potential arbitrariness. One way for prosecutors to combat that arbitrariness is by having a structured …
Justice In The American Legal System: Challenges To The Confrontation Clause In Criminal Child Sexual Abuse Cases, Kelsey Savoy
Justice In The American Legal System: Challenges To The Confrontation Clause In Criminal Child Sexual Abuse Cases, Kelsey Savoy
Honors Theses
The following thesis will look at the original intent of the Founders when the Sixth Amendment was written. It will then examine the challenges presented to justice both substantively and procedurally in cases of criminal child sexual abuse specifically, including the challenges faced by victims forced to testify during trial long after the trial is over. After establishing these challenges, this thesis will then examine legal precedent set by the courts that illustrates how exceptions have been made to traditional courtroom procedures over time, such as exceptions to the hearsay rule and in-person testimony on the witness stand, to allow …