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Articles 1 - 5 of 5

Full-Text Articles in Legal Profession

The American Prosecutor - Power, Discretion, And Misconduct, Angela J. Davis Jan 2008

The American Prosecutor - Power, Discretion, And Misconduct, Angela J. Davis

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty Jan 2008

The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty

NYLS Law Review

No abstract provided.


The New York City Corporation Counsel: The Best Legal Job In America, Michael A. Cardozo Jan 2008

The New York City Corporation Counsel: The Best Legal Job In America, Michael A. Cardozo

NYLS Law Review

No abstract provided.


Institutional Reform Litigation, Leonard Koerner Jan 2008

Institutional Reform Litigation, Leonard Koerner

NYLS Law Review

No abstract provided.


Fixed Justice: Reforming Plea-Bargaining With Plea-Based Ceilings, Russell D. Covey Jan 2008

Fixed Justice: Reforming Plea-Bargaining With Plea-Based Ceilings, Russell D. Covey

Faculty Publications By Year

The ubiquity of plea bargaining creates real concern that innocent defendants are occasionally, or perhaps even routinely, pleading guilty to avoid coercive trial sentences. Pleading guilty is a rational choice for defendants as long as prosecutors offer plea discounts so substantial that trial is not a rational strategy regardless of guilt or innocence. The long-recognized solution to this problem is to enforce limits on the size of the plea/trial sentencing differential. As a practical matter, however, discount limits are unenforceable if prosecutors retain ultimate discretion over charge selection and declination. Because the doctrine of prosecutorial charging discretion is immune to …