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Full-Text Articles in Law
Beating The Prisoner At Prisoner's Dilemma: The Evidentiary Value Of A Witness's Refusal To Testify , Russell Dean Covey
Beating The Prisoner At Prisoner's Dilemma: The Evidentiary Value Of A Witness's Refusal To Testify , Russell Dean Covey
Russell D. Covey
No abstract provided.
Longitudinal Guilt: Repeat Offenders, Plea Bargaining, And The Variable Standard Of Proof, Russell D. Covey
Longitudinal Guilt: Repeat Offenders, Plea Bargaining, And The Variable Standard Of Proof, Russell D. Covey
Russell D. Covey
This Article introduces a new concept-“longitudinal guilt”-which invites readers to reconsider basic presuppositions about the way our criminal justice system determines guilt in criminal cases. In short, the idea is that a variety of features of criminal procedure, most importantly, plea bargaining, conspire to change the primary “truthfinding mission” of criminal law from one of adjudicating individual historical cases to one of identifying dangerous “offenders.” This change of mission is visible in the lower proof standards we apply to repeat criminal offenders. The first section of this Article explains how plea bargaining and graduated sentencing systems based on criminal history …