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Full-Text Articles in Law
Calling Your Bluff: How Prosecutors And Defense Attorneys Adapt Pleas Bargaining Strategies To Increased Formalization, Deirdre Bowen
Calling Your Bluff: How Prosecutors And Defense Attorneys Adapt Pleas Bargaining Strategies To Increased Formalization, Deirdre Bowen
Faculty Articles
This ethnographic work examines the inner workings of a highly formalized plea bargaining unit in a large urban prosecutor's office from the lawyers' point of view. Observations of forty-two plea negotiations between prosecutors and defense attorneys along with both formal and informal interviews reveal how the legal actors adapt to institutional rules in the pursuit of both efficiency and justice. In the face of ever increasing prosecutorial power, defense attorneys find ways to equalize the balance when cases do not fit the "normal crimes" model. Examination of negotiating strategy and discourse give further insight into whether prosecutors and defense attorneys …
Dodging Mistrials With A Mandatory Jury Inquiry Rule, Missy Mordy
Dodging Mistrials With A Mandatory Jury Inquiry Rule, Missy Mordy
Seattle University Law Review
This Comment considers the concept of a jury inquiry and concludes that, with a mandatory jury inquiry rule, judges will ensure that the public ends of justice are met before a mistrial is declared. Part II of this Comment examines the United States v. Razmilovic trial to give a concrete example of how a jury inquiry would have prevented a hastily declared mistrial. Part III.A examines the circuit trend regarding the definition of "manifest necessity." Toward the end of the 1970s, many circuits began to opine that jury inquiries were important when attempting to determine whether there was manifest necessity, …