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Articles 1 - 7 of 7

Full-Text Articles in Law

The Plea Jury, Laura I. Appleman Jul 2010

The Plea Jury, Laura I. Appleman

Indiana Law Journal

This Article argues that it is time to reform the much-criticized plea-bargaining process by restoring the Sixth Amendment jury trial right back to criminal adjudication. My proposal would incorporate the local community into the guilty-plea procedure through the use of a plea jury, thus solving a multitude of problems within the criminal justice system. In a plea jury, a lay panel of citizens would listen to the defendant's allocution and determine the acceptability of the plea and sentence, reinvigorating the community's right to determine punishment for offenders. My goal is to return the Sixth Amendment community-jury right to its proper …


Reconcilable Differences: The Supreme Court Should Allow The Marriage Of Brady And Plea Bargaining, Andrew P. O'Brien Jul 2003

Reconcilable Differences: The Supreme Court Should Allow The Marriage Of Brady And Plea Bargaining, Andrew P. O'Brien

Indiana Law Journal

No abstract provided.


Plea Bargaining In The Shadow Of Death, Joseph L. Hoffmann, Marcy L. Kahn, Steven W. Fisher Jan 2001

Plea Bargaining In The Shadow Of Death, Joseph L. Hoffmann, Marcy L. Kahn, Steven W. Fisher

Articles by Maurer Faculty

No abstract provided.


Foreword: Structuring Sentencing Discretion: The New Federal Sentencing Guidelines, Ilene H. Nagel Jan 1990

Foreword: Structuring Sentencing Discretion: The New Federal Sentencing Guidelines, Ilene H. Nagel

Articles by Maurer Faculty

No abstract provided.


Negotiated Pleas Under The Federal Sentencing Guidelines: The First Fifteen Months, Ilene H. Nagel, Stephen J. Schulhofer Jan 1989

Negotiated Pleas Under The Federal Sentencing Guidelines: The First Fifteen Months, Ilene H. Nagel, Stephen J. Schulhofer

Articles by Maurer Faculty

No abstract provided.


The Sentence Bargaining Of Upperworld And Underworld Crime In Ten Federal District Courts, Ilene Nagel Bernstein, John Hagan Jan 1979

The Sentence Bargaining Of Upperworld And Underworld Crime In Ten Federal District Courts, Ilene Nagel Bernstein, John Hagan

Articles by Maurer Faculty

This paper explores the use of different types of sentence bargaining tactics in ten federal district courts. We distinguish between proactive and reactive prosecutorial orientation, and hypothesize that proactive prosecution of upperworld crime is associated with more explicit sentence bargaining than is the reactive prosecution of underworld crime. We present evidence for and explanations of this relationship.


Charge Reduction: An Intermediary Stage In The Process Of Labelling Criminal Defendants, Ilene Nagel Bernstein, Edward Kick, Jan T. Leung, Barbara Schulz Jan 1977

Charge Reduction: An Intermediary Stage In The Process Of Labelling Criminal Defendants, Ilene Nagel Bernstein, Edward Kick, Jan T. Leung, Barbara Schulz

Articles by Maurer Faculty

The interactionist perspective emphasizes the imperfect correspondence between alleged deviance and societal reactions. Moreover, it is asserted that values of reactors, statuses of the alleged deviant, and bureaucratic constraints of deviance processing organizations help explain some of that imperfection. Focusing on one intermediary deviance processing stage, i.e., plea bargaining, we explore the degree to which our data are consonant with interactionist assumptions. For a sample of 1,435 male and female criminal defendants, we find the favorability of the charge reduction outcome is partly explained by values of reactors, statuses of the defendant, and bureaucratic constraints of the court. Thus, our …