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Law Commons

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Criminal Procedure

Selected Works

2012

Sentencing

Articles 1 - 3 of 3

Full-Text Articles in Law

The Label Of Life Imprisonment In Australia: A Principled Or Populist Approach To An Ultimate Sentence, John L. Anderson Nov 2012

The Label Of Life Imprisonment In Australia: A Principled Or Populist Approach To An Ultimate Sentence, John L. Anderson

John L Anderson

No abstract provided.


New Data And New Questions: Trac's Contribution To Federal Sentencing, Steven Chanenson, Douglas Berman Sep 2012

New Data And New Questions: Trac's Contribution To Federal Sentencing, Steven Chanenson, Douglas Berman

Steven L. Chanenson

No abstract provided.


Bargained Justice: Plea Bargaining's Innocence Problem And The Brady Safety-Valve, Lucian Dervan Dec 2011

Bargained Justice: Plea Bargaining's Innocence Problem And The Brady Safety-Valve, Lucian Dervan

Lucian E Dervan

If any number of attorneys were asked in 2004 whether Lea Fastow’s plea bargain in the Enron case was constitutional, the majority would respond with a simple word – Brady. Yet while the 1970 Supreme Court decision Brady v. United States authorized plea bargaining as a form of American justice, the case also contained a vital caveat that has been largely overlooked by scholars, practitioners, and courts for almost forty years. Brady contains a safety-valve that caps the amount of pressure that may be asserted against defendants by prohibiting prosecutors from offering incentives in return for guilty pleas that are …