Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Criminal Law

Articles

Criminal justice reform

Articles 1 - 2 of 2

Full-Text Articles in Law

Before The Cell Door Shuts: Justice Reform Efforts Should Focus On Steps Besides Sentencing, Barbara L. Mcquade Jan 2020

Before The Cell Door Shuts: Justice Reform Efforts Should Focus On Steps Besides Sentencing, Barbara L. Mcquade

Articles

Mark Osler writes that criminal justice reform efforts have been hampered by what he calls “the slows.” He explains that despite bipartisan support, which resulted in the First Step Act of 2018,2 criminal justice reform remains elusive. He then offers some insightful suggestions for how to increase the pace.


Towards Neutral Principles In The Administration Of Criminal Justice: A Critique Of Supreme Court Decisions Sanctioning The Plea Bargaining Process, Malvina Halberstam Apr 1982

Towards Neutral Principles In The Administration Of Criminal Justice: A Critique Of Supreme Court Decisions Sanctioning The Plea Bargaining Process, Malvina Halberstam

Articles

This article compares the Court's reasoning in plea bargaining cases with its reasoning in non-plea-bargaining cases that involve the same legal principles. It analyzes the Court's arguments for sustaining guilty pleas induced by fear of the death penalty or by promises of leniency, and for sanctioning the imposition of harsher penalties on those who reject prosecutional offers to plead and insist on a trial. Finally, it briefly addresses the contention that the system for the administration of criminal justice in the United States could not function if use of a sentencing differential to induce guilty pleas were prohibited.