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Systematic Lying in Plea Bargaining Is a Feature, Not a Flaw
Loaded on March 15, 2022
by David Reutter
published in Criminal Legal News
April, 2022, page 14
Filed under:
Guilty Plea,
Plea Bargaining,
Plea Agreements/Guilty Pleas.
Location:
United States of America.
by David M. Reutter
Systematic “lying at plea bargaining allows defendants the opportunity to negotiate fair resolutions to their cases in the face of a deeply unfair system, even as that lying makes way for—and sustains—the problematic system it seeks to avoid,” wrote Thea Johnson, an associate professor at Rutgers ...
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More from this issue:
- A Guide to Getting the Most Out of a Plea Bargain, by Jacob Barrett
- Second Circuit: District Court Required to Explain Rationale for Reducing Sentence to ‘Time Served’ Under First Step Act but Refused to Reduce Supervised Release Portion of Sentence Despite Being Longer Than New Mandatory Minimum, by Dale Chappell
- What You Need to Know Before Contacting a Conviction Integrity Unit, by Kia Hall Hayes, Marissa Boyers Bluestine
- Study Examines the ‘Black Box’ of Prosecutorial Charging and Plea Bargaining Discretion, by David Reutter
- Man Rejects Plea Deal and Is Sentenced to 110 Years in Colorado Prison for Doing So, by Ashleigh Dye
- Systematic Lying in Plea Bargaining Is a Feature, Not a Flaw, by David Reutter
- Iowa Supreme Court Clarifies When Forensic Interviews of Child Complaining Witnesses Are Admissible, by Douglas Ankney
- Sixth Circuit: Government Violated Plea Agreement by Arguing for Sentence Exceeding Guidelines Range, Despite Promise Not to ‘Suggest in Any Way’ Variance Is Appropriate, by David Reutter
- Tenth Circuit: Where Defendant Actually Sentenced to Drug Treatment and Probation Rather Than 28-32 Months in Prison as Per State Sentencing Guidelines, Conviction Can’t Serve as Predicate ‘Felony’ for 18 U.S.C. § 922(g)(1), by Dale Chappell
- ACLU Report Suggests Disturbing Pattern of Police Surveilling Protests to Identify People Peacefully Protesting Police Brutality
- Plea Bargaining: An Illegitimate System to Administer Justice?, by David Reutter
- First Circuit: Appellate Counsel’s Failure to Raise Brady Claim on Direct Appeal Constituted Ineffective Assistance of Counsel Under Strickland, § 2255 Motion Granted, by Anthony Accurso
- Ending Eyewitness Memory Contamination, by Matthew Clarke
- Fourth Circuit: Bodily Injury Sentence Enhancement for Robbery Inapplicable Where Victim Sustained ‘Momentary’ Injury and Sought ‘Precautionary’ Medical Treatment, by Jacob Barrett
- Iowa Supreme Court Reverses Conviction Where Prosecutor Allowed to Amend Trial Information at Trial to Charge a ‘Wholly New and Different Offense’, by David Reutter
- Texas Court of Criminal Appeals: Trial Court Did Not Abuse Discretion by Granting Rule 508 Motion to Dismiss Capital Murder Charge Where State Refused to Disclose Identity of Confidential Informant, by Douglas Ankney
- Vermont Supreme Court Announces Rule 12.1 Doesn’t Require Notice of Diminished Capacity Defense When Expert Testimony Won’t Be Used, by Matthew Clarke
- California Court of Appeal: Hearing on Discretionary Resentencing Under §1170.91(b)(1) for U.S. Servicemembers Requires Only That Petition Allege Defendant ‘May’ Be Suffering From a ‘Qualifying Condition’, by Douglas Ankney
- Fifth Circuit: Aggravated Assault in Texas Does Not Qualify as Aggravated Felony Under 8 U.S.C. § 1326(b)(2), Reentry With Prior Aggravated Felony, by Jacob Barrett
- Massachusetts Supreme Court: Prosecution Failed to Prove Defendant Knowingly, Voluntarily, and Intelligently Waived Right to Counsel After Having Asked for Lawyer Earlier But Officer Continued to Engage in ‘General’ Talk for Nearly 45 Minutes, by Anthony Accurso
- Third Circuit, Joining Every Other Circuit That’s Addressed the Issue, Holds Hobbs Act Robbery Does Not Qualify as ‘Crime of Violence’, by David Reutter
- A ‘Lucky’ Exoneration in Syracuse, by Jayson Hawkins
- Ninth Circuit Announces Irizarry Didn’t Eliminate Wise Requirement That Sentencing Court Provide Notice of Special Conditions of Supervised Release Prior to Imposing Sentence, by Matthew Clarke
- Maryland Prosecutor Covers for FBI Agent’s Lies in Defense of Junk Science, by Jayson Hawkins
- SCOTUS Rejects ‘Opening the Door’ Rule to Correct ‘Misleading Impression’ as Exception to Confrontation Clause Allowing Admission of Unconfronted Testimonial Hearsay, by Richard Resch
- North Dakota Supreme Court Suppresses Evidence Found in Passenger’s Backpack Located Outside Vehicle When Drug-Detection Dog Alerted to Presence of Drugs Inside Vehicle, by Anthony Accurso
- Fear and Freedom Twenty Years Later: How Post 9/11 Security Measures Overstepped Privacy, by Ashleigh Dye
- FBI Program Surveils Subject for 24 Days Using Spy Planes, by Anthony Accurso
- California Court of Appeal Announces Suffering From a Nonqualifying Mental Disorder While Also Suffering From a Qualifying Disorder Does Not Bar Eligibility for Mental Health Diversion Under § 1001.36, by Anthony Accurso
- Google Confirms Increasing Police Reliance on Geofence Warrants, by Anthony Accurso
- Pandemic Pressures Defendants into False Guilty Pleas, by David Reutter
- Search Your Constitution in Vain for the Fourth Amendment—the DOJ Seized It (Stealthily), by Douglas Ankney
- NYPD Using Secret Money for Surveillance Tech, by Anthony Accurso
- Dangers of Data Gathering by Los Angeles Police Department, by Edward Lyon
- Geofencing Warrants Are Putting Civil Rights and Free Speech in Jeopardy, by Dale Chappell
- Oregon Bans Police Lying to Obtain Confessions from Juveniles, by Jacob Barrett
- ‘Possible Cause’ Is All That’s Needed for Geofence Warrants, by Douglas Ankney
- News in Brief
- Police Disparage Philadelphia Citizenry with False Report That SEPTA Riders Stood Idle While Passenger was Raped, by Douglas Ankney
More from David Reutter:
- California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Evidentiary Hearing Under Felony Murder Resentencing Law, May 15, 2024
- Criminal Justice Reform Becoming a Corporate Priority, May 15, 2024
- Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died, April 26, 2024
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024
- Suit Proceeds Against CoreCivic by Guard Strip-Searched at Georgia Prison, April 26, 2024
- $1.4 Million Verdict for Florida Jail Guard Injured in Transport Van Crash, April 26, 2024
- Florida Supreme Court Bans ‘Vexatious’ Prisoner From Filing Further Pro Se Petitions, April 26, 2024
- $155 Million Settlement for 10,000 California Prison Guard Supervisors in Wage Lawsuit, April 26, 2024
- Unable to Post Bail, Detainee Starves to Death in Arkansas Jail, April 26, 2024
- Eleventh Circuit: “More than Gross Negligence” Required to Prove Deliberate Indifference, April 26, 2024
More from these topics:
- Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made, March 15, 2024. Police Misconduct, Police/Govt Misconduct, Plea Bargaining, Evidence - Destruction/Fabrication/Manipulation of, Knowingly and Voluntarily Made.
- Second Circuit: Money Concealment Guilty Plea Vacated for Lack of Evidence to Support Factual Finding of Required Mens Rea, Jan. 15, 2024. Plea Agreements/Guilty Pleas, Offense of Conviction, Acceptance/Rejection by the Court, Validity of.
- California Court of Appeal: Defendants Who Plead Guilty to Stipulated Sentence Eligible for Resentencing Under Amended § 1170.91, Jan. 15, 2024. State Statutes, Guilty Plea, Resentencing, De Novo Resentencing, Plea Agreements/Guilty Pleas.
- Texas Court of Criminal Appeals Clarifies Application of ‘Estoppel’ in Plea Bargain Context and Holds Trial Court Lacked Jurisdiction to Revoke Community Supervision After Statutory Term Expired, Dec. 15, 2023. Sentence, Estoppel, Plea Agreements/Guilty Pleas.
- American Bar Association’s 2023 Plea Bargain Task Force Report, Oct. 1, 2023. Plea Bargaining.
- Eighth Circuit: District Court Erred in Denying Government’s Motion to Dismiss Charges as Part of Plea Agreement, Dec. 15, 2022. Plea Bargaining, Judicial Disqualification/Misconduct.
- Seventh Circuit Announces Adoption of Uniform Procedure to Be Followed Where Plea Agreement Includes an ‘Appeal Waiver’ and Defendant Files Notice of Appeal, Nov. 15, 2022. Waiver, Plea Agreements/Guilty Pleas.
- Inextricably Intertwined: The Practice of Negotiated Pleas and the Rise of Mass Incarceration in America, Aug. 15, 2022. Effects of Mass Incarceration, Plea Agreements/Guilty Pleas.
- Eighth Circuit: Government Breached Plea Agreement by Relying on Pre-Plea Conduct to Dispute Acceptance of Responsibility Despite Acknowledging Defendant Qualified for Credit in Agreement, July 15, 2022. Breach of Plea/Coop./Immunity Agreements, Plea Agreements/Guilty Pleas.
- Commentary: Attacking the Guilty Plea—Court Cautions More Time Possible in Child Porn Case if Post-Conviction Motion Successful, June 15, 2022. Appellate Jurisdiction/Review, Plea Agreements/Guilty Pleas.