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Criminal Procedure Commons

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Selected Works

2012

Criminal Law

Articles 1 - 3 of 3

Full-Text Articles in Criminal Procedure

Bargained Justice: Plea Bargaining's Innocence Problem And The Brady Safety-Valve, Lucian Dervan Dec 2011

Bargained Justice: Plea Bargaining's Innocence Problem And The Brady Safety-Valve, Lucian Dervan

Lucian E Dervan

If any number of attorneys were asked in 2004 whether Lea Fastow’s plea bargain in the Enron case was constitutional, the majority would respond with a simple word – Brady. Yet while the 1970 Supreme Court decision Brady v. United States authorized plea bargaining as a form of American justice, the case also contained a vital caveat that has been largely overlooked by scholars, practitioners, and courts for almost forty years. Brady contains a safety-valve that caps the amount of pressure that may be asserted against defendants by prohibiting prosecutors from offering incentives in return for guilty pleas that are …


Robinson V. California: From Revolutionary Constitutional Doctrine To Model Ban On Status Crimes, Erik Luna Dec 2011

Robinson V. California: From Revolutionary Constitutional Doctrine To Model Ban On Status Crimes, Erik Luna

Erik Luna

No abstract provided.


The Prosecutor In Transnational Perspective, Erik Luna, Marianne Wade Dec 2011

The Prosecutor In Transnational Perspective, Erik Luna, Marianne Wade

Erik Luna

No abstract provided.