Digital Commons Network^™

Plea Bargaining's Baselines, Josh Bowers

William & Mary Law Review

In this Symposium Article, I examine the Court’s unwillingness to take seriously the issue of coercion as it applies to plea bargaining practice. It is not so much that the Court has ignored coercion entirely. Rather, it has framed the inquiry in a legalisticmanner that has made immaterial the kinds of considerations we might think most relevant to the evaluation. The Court has refused to ask qualitative questions about felt pressure, prosecutorial motivation, or the risk or reality of excessive punishment. All that matters is legal permissibility. A prosecutor may compel a defendant to plead guilty as long as she …

Pleading Guilty Without Client Consent, Gabriel J. Chin

William & Mary Law Review

In some cases, lawyers are, and should be, permitted to conclude plea bargains to which their clients have not agreed. Because clients bear the consequences of a conviction, ordinarily, clients should choose between a plea and the possibility of acquittal at trial. Further, clients have the right to decide that even though conviction is practically certain, moral or political reasons warrant insistence on a trial. But some clients have the goal of minimizing incarceration, have been offered reasonable pleas, face substantially greater sentences if convicted after trial, have no plausible ground for acquittal —and nevertheless decline to plead guilty. They …

Judicial Power To Regulate Plea Bargaining, Darryl K. Brown

William & Mary Law Review

Plea bargaining in the United States is in critical respects unregulated, and a key reason is the marginal role to which judges have been relegated. In the wake of Santobello v. New York (1971), lower courts crafted Due Process doctrines through which they supervised the fairness of some aspects of the plea bargaining process. Within a decade, however, U.S. Supreme Court decisions began to shut down any constitutional basis for judicial supervision of plea negotiations or agreements. Those decisions rested primarily on two claims: separation of powers and the practical costs of regulating plea bargaining in busy criminal justice systems. …

Thinking Outside The Jury Box: Deploying The Grand Jury In The Guilty Plea Process, Roger A. Fairfax Jr.

William & Mary Law Review

No abstract provided.

Why Plea Bargains Are Not Confessions, Brandon L. Garrett

William & Mary Law Review

Is a plea bargain a type of confession? Plea bargaining is often justified as, at its core, a process involving in-court confession. The U.S. Supreme Court’s early decisions approved plea bargains as something “more than a confession which admits that the accused did various acts.” I argue in this Article that plea bargains are not confessions—they do not even typically involve detailed admissions of guilt. The defendant generally admits to acts satisfying elements of the crime—a legally sufficient admission to be sure, but often not under oath, and often not supported by any extensive factual record. Because plea bargains typically …

Training For Bargaining, Jenny Roberts, Ronald F. Wright

William & Mary Law Review

While plea bargaining dominates the practice of criminal law, preparation for trial remains central to defense attorneys’ training. Negotiation is still peripheral to that training. Defense lawyers enter practice with little exposure to negotiation techniques and strategies in the plea bargaining context, the most significant skills they will use every day.

Empirical research on plea negotiations has concentrated on outcomes of negotiations rather than the process itself. Our multiphase field study examines the negotiation techniques that attorneys use during plea bargaining as well as their preparation and training for negotiation. This Article explores the data on the training aspects of …

Plea Bargaining And The Substantive And Procedural Goals Of Criminal Justice: From Retribution And Adversarialism To Preventive Justice And Hybrid-Inquisitorialism, Christopher Slobogin

William & Mary Law Review

Plea bargaining and guilty pleas are intrinsically incompatible with themost commonly-accepted substantive and procedural premises of American criminal justice: Plea bargaining routinely results in punishment disproportionate to desert, and guilty pleas are an insult to procedural due process. This Article argues that the only way to align plea bargaining with our criminal justice premises is to change those premises. It imagines a system in which retribution is no longer the lodestar of punishment, and in which party-control of the process is no longer the desideratum of adjudication. If, instead, plea bargaining were seen as a mechanism for implementing a sentencing …

Unpacking Empowerment Discourse Within A Women's Reentry Organization, Amanda Nicole Miller

Theses and Dissertations

Through ethnographic research with a small organization, Jareth, that helps women transition from prison to the community, this work unpacks discourses of empowerment within reentry organizations. I argue that Jareth’s empowerment discourse works on a pragmatic level to help women become employed but it does not work well to completely meet the needs of women offenders because businesses do not want to employ former prisoners and because the general public thinks that prison can meet all of women's needs. I also argue that empowerment defines 'power' and dependence' in particular ways - through appropriate and inappropriate forms of power and …

A Comparative Look At Plea Bargaining In Australia, Canada, England, New Zealand, And The United States, Carol A. Brook, Bruno Fiannaca, David Harvey, Paul Marcus, Jenny Mcewan, Renee Pomerance

William & Mary Law Review

In a world where the vast majority of criminal cases are resolved through some means other than the popularly depicted criminal trial, it is fundamental to a comprehensive understanding of comparative criminal procedure to study and appreciate the different mechanisms for criminal case resolution in different nations. This Article developed through a series of conversations (and ultimately a panel discussion) between six international criminal justice professionals - practicing attorneys, scholars, and judges - regarding the nature and effects of plea bargaining (and its comparative substitutes) in their respective countries. Providing a comparative look at different mechanisms for criminal case resolution, …

The Prosecutor's Turn, I. Bennett Capers

William & Mary Law Review

No abstract provided.

Guilt, Innocence, And Due Process Of Plea Bargaining, Donald A. Dripps

William & Mary Law Review

No abstract provided.

Token Female Police Officers Or Police Exemplars: An Evaluation Of The Theory Of Tokenism, Cameron Michael Harper

Theses and Dissertations

Despite gains in the percentage of female police officers over past decades, female police officers are vastly underrepresented in modern policing. Female police officers face barriers to integration into policing and the surrounding culture that male police officers do not face, including unbalanced physical testing, double standards for success, and others. One explanation for the different experiences of female police officers compared to male police officers is the token status of women in policing. Instead of taking the token status of female police officers for granted, this study explored the utility of the theory of tokenism (Kanter, 1977) in explaining …

Human Trafficking And International Development: Expanding The Role Of Usaid, Vanessa Bouché

Journal of International and Comparative Law

No abstract provided.

Problems Of Perception In The European Court Of Human Rights: A Matter Of Evidence?, Haydn Davies, Anne Richardson Oakes

Journal of International and Comparative Law

No abstract provided.

Grand Valley Forum, Volume 040, Number 25, March 14, 2016, Grand Valley State University

2015-2016, Volume 40

Grand Valley Forum is Grand Valley State's faculty and staff newsletter, published from 1976 to the present.

Current, March 14, 2016, University Of Missouri-St. Louis

Current (2010s)

No abstract provided.

Lanthorn, Vol. 50, No. 48, March 14, 2016, Grand Valley State University

Volume 50, July 13, 2015 - June 6, 2016

Lanthorn is Grand Valley State's student newspaper, published from 1968 to the present.

Brief For Barbara L. Creel And The Tribal Defender Network, Us V. Bryant, Barbara L. Creel, John Lavelle

Faculty Scholarship

Although Congress intended to protect women in Indian Country from domestic abuse, they condoned the use of prior “uncounseled” tribal court convictions to charge and convict an Indian as a federal habitual domestic violence offender.

Justice Ruth Bader Ginsburg, who wrote Bryant, denigrates Indian people’s civil rights, citing the need to protect Native women from domestic violence. But Department of Justice statistics show most domestic violence perpetrators in Indian country are non-Indians, and the Bryant decision leaves intact their constitutional rights, including the right to appointed counsel.

The Faithful Flyer, 03-13-2016, University Of Dayton. Campus Ministry

Chapel Bulletins

No abstract provided.

Digital Or Traditional? Students Weigh In On Preferences In The Writing Process, Julia Hans Dr.

Student Success in Writing Conference (1999-2021)

Presenter will discuss the experiences of two FYW sections in which half the course covered traditional essay writing (literacy narrative and response paper), and the other half covered digital essay writing (photo essay and blogs). Students were asked to complete a survey and write a final reflection about their preferences concerning the writing process. Challenges in teaching this course will also be discussed.

Hear Us Roar, March 11, 2016, Michael Shonrock

Michael Shonrock

Digital newsletter produced by the office of President Michael Shonrock.

Summer 2016 | Internship & Undergraduate Research Credit - Find Your Force, Ohio University College Of Arts & Sciences

All Forum Articles

No abstract provided.

Unconstitutional Strip Search Policies: Redressibility's State Of Undress After City Of Los Angeles V. Lyons, Nancy Hark

Touro Law Review

No abstract provided.

Supreme Court, New York County, Kellogg V. Travis, Donna A. Napolitano

Touro Law Review

No abstract provided.

The Communisitic Inclinations Of Sir Thomas More, David Papke

UTOPIA500

The fourth UTOPIA500 presentation was march 10, 2016. Dr. David R. Papke, Professor of Law at Marquette University Law School, received an official "Me and Tommy More" polo shirt from Dr. Malloy. Dr. Papke then spoke about The Communistic Inclinations of Sir Thomas More. A well-known scholar of legal history and law in popular culture, Dr. Papke noted the affinity that existed between the themes in Utopia and the views of Karl Marx as well as those of leaders of the Bolshevik Revolution. He also explored the problem of competing approaches to literary analysis and criticism - whether to seek …

A Victims’ Family Member On Juvenile Life Without Parole Sentences: “Brutal Finality” And Unfinished Souls, Jeanne Bishop

DePaul Journal for Social Justice

No abstract provided.

Restorative Justice In Domestic Violence Cases, Roni Elias

DePaul Journal for Social Justice

No abstract provided.

Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

A Celebration of the Work of Charles Wilkinson (Martz Winter Symposium, March 10-11)

Conference held at the University of Colorado, Wolf Law Building, Wittemyer Courtroom, Thursday, March 10th and Friday, March 11th, 2016.

Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, William Boyd, Kristen Carpenter, Britt Banks, Harold Bruff, Richard Collins, Carla Fredericks, Mark Squillace, and Charles Wilkinson

"We celebrate the work of Distinguished Professor Charles Wilkinson, a prolific and passionate writer, teacher, and advocate for the people and places of the West. Charles's influence extends beyond place, yet his work has always originated in a deep love of and commitment to particular places. We …

The Setonian, March 10, 2016, Seton Hall University

2016

No abstract provided.

Aligning Delivery & Financing Systems To Advance A Culture Of Health, Glen P. Mays

Health Management and Policy Presentations

The Robert Wood Johnson Foundation's Systems for Action Research Program supports research on how best to organize, finance, and deliver the constellation of services and supports that promote health and well-being in American communities, including but extending beyond the medical care and public health sectors. This session describes work underway through the S4A program and future research priorities, building on a strong scientific foundation in the fields of health services research (HSR) and public health services & systems research (PHSSR).