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Yale Law School

Faculty Scholarship Series

Judges

1931

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Full-Text Articles in Legal History

Judicial Organization And Procedure, Walter F. Dodd Jan 1931

Judicial Organization And Procedure, Walter F. Dodd

Faculty Scholarship Series

Felony Trials Without a Jury. Recent crime surveys have shown
that the majority of contested felony cases are never tried in open court,
being settled instead by the striking of a "bargain" between the defendant
and the prosecuting officer. Administrative discretion has thus
largely supplanted judge and jury alike. The practice has been severely
criticized by Professor Moley, who characterizes it as "psychologically
more akin to a game of poker than to a process of justice," being
"an attempt to get as much as possible from an unwilling giver"
rather than "a search for truth."' In view of the technicalities ...