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Indiana Law Journal

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Fictional Pleas, Thea Johnson Jul 2019

Fictional Pleas, Thea Johnson

Indiana Law Journal

A fictional plea is one in which a defendant pleads guilty to a crime he has not committed, with the knowledge of the defense attorney, prosecutor, and judge. With fictional pleas, the plea of conviction is detached from the original factual allegations against the defendant. As criminal justice actors become increasingly troubled by the impact of collateral consequences on defendants, the fictional plea serves as an appealing response to this concern. It allows the parties to achieve parallel aims: the prosecutor holds the defendant accountable in the criminal system, while the defendant avoids devastating noncriminal consequences. In this context, the …


Kids Say The Darndest Things: The Prosecutorial Use Of Hearsay Statements By Children, Tom Lininger Oct 2007

Kids Say The Darndest Things: The Prosecutorial Use Of Hearsay Statements By Children, Tom Lininger

Indiana Law Journal

The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.