×
You've used up your 3 free articles for this month. Subscribe today.
American Bar Association’s 2023 Plea Bargain Task Force Report
Loaded on Oct. 1, 2023
by Carlo Difundo
published in Criminal Legal News
October, 2023, page 36
Filed under:
Plea Bargaining.
Location:
United States of America.
by Carlos DiFundo
Trial by jury is thought by some to be a pivotal part of democracy, yet it is disappearing. For example, Texas, New York, and Pennsylvania have trial rates below 3%. Similarly, in the federal courts in 2018, some 2% went to trial while 90% pled out, and ...
Full article and associated cases available to subscribers.
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Police Misconduct Reform: Forcing Police Officers to Have ‘Skin in the Game’ by Creating Financial Incentives with Insurance Premiums, by David Reutter
- Sixth Circuit: Sentence Procedurally Unreasonable Where District Court Failed to Explain Decision to Impose Consecutive Sentences and Substantively Unreasonable Where Court Improperly Weighed Sentencing Factors, by Douglas Ankney
- Closed Circuit Cameras: Not the Objective Lenses We’re Told, by Benjamin Tschirhart
- Database Containing 450,000 Records of NYPD Misconduct Now Available, by Douglas Ankney
- Ninth Circuit Announces District Courts Have Discretion to Consider Non-Retroactive Changes in Post-Sentencing Decisional Law in Assessing ‘Extraordinary and Compelling Reasons’ for Sentence Reduction, by Douglas Ankney
- New Tool Used by Police to Improve Interviewing Skills, by Jordan Arizmendi
- New York Court of Appeals Suppresses Evidence Because Police Lacked Reasonable Suspicion Necessary for Level 3 Stop and Frisk Under De Bour Framework, by Richard Resch
- Kansas Supreme Court: Defendants May File a Motion to Correct Illegal Sentence in Appellate Court While on Direct Review, by Douglas Ankney
- U.S. Sentencing Commission Publishes Compassionate Release Datafile for Fiscal Years 2020-2022, by Casey Bastian
- SCOTUS Announces Pending Investigation or Proceeding Is Not Required for an Offense to be ‘Related to Obstruction of Justice’ and Qualify as ‘Aggravated Felony’ in Removal of Noncitizen, by Douglas Ankney
- We’re All Suspects in a DNA Lineup, Waiting to be Matched with a Crime, by Nisha Whitehead, John W. Whitehead
- California Supreme Court Vacates Second Degree Murder Conviction Where Jury Instructed on Now Invalid Felony-Murder Theory, by Douglas Ankney
- U.S. Supreme Court Announces § 2255(e)’s ‘Saving Clause’ Does Not Enable Prisoners to File § 2241 Petition Based on AEDPA’s Rule Against Second or Successive § 2255 Motions, by Douglas Ankney
- ‘Data for Defenders’: Valuable New Resource for Defense Counsel and Pro Se Litigants, by Jordan Arizmendi
- Maryland Supreme Court: Firearms Identification Methodology Does Not Provide Reliable Basis for Expert’s Unqualified Opinion That Bullets Recovered at Crime Scene Were Fired From Defendant’s Gun, by Douglas Ankney
- California Court of Appeal: Trial Court Abused Discretion in Failing to Recall Terminally Ill Prisoner’s Sentence Following CDCR’s Recommendation for Compassionate Release, by Douglas Ankney
- American Bar Association’s 2023 Plea Bargain Task Force Report, by Carlo Difundo
- Fourth Circuit Reverses Dismissal of Habeas Petition Where District Court Failed to Review Magistrate’s Report De Novo After Characterizing Petitioner’s Objections as ‘Attempt to Reargue Case’, by Douglas Ankney
- D.C. Circuit Orders New Trial Due to Brady Violations Involving Source of Information, Not Withholding of Information Itself, by Richard Resch
- Texas Court of Criminal Appeals Holds Granting Motion for New Trial Because ‘Verdict Is Contrary to Law and Evidence,’ Without Further Explanation, Bars Retrial, by Matthew Clarke
- Third Circuit Vacates Possession of Cocaine Conviction Due to Insufficient Evidence to Support Weight Element, by David Reutter
- How the Backdoor Loophole Enables the FBI to Search Your Communications Without a Warrant, by Michael Thompson
- Ninth Circuit Announces No Deference to Application Note 1 to Guideline § 4B1.2(b) Because It Impermissibly Expands Definition of ‘Controlled Substance Offense’, by Douglas Ankney
- Third Circuit Vacates Denial of First Step Act Relief Because District Court’s Failure to Expressly Identify Which § 841(b) Provision Supported Sentence Precludes Appellate Review, by Douglas Ankney
- Digital Voiceprinting Is Not Ready for Court, by Anthony Accurso
- Oregon Supreme Court Clarifies Mansor Ruling for Search Warrants for Digital Data and Announces Framework for Suppression When Warrant Contains Both Constitutional and Unconstitutional Search Categories, by Anthony Accurso
- News in Brief
More from Carlo Difundo:
- FBI’s Bias for Keywords, April 15, 2024
- The Problem with Some Non-Carceral Punishments, Feb. 15, 2024
- American Bar Association’s 2023 Plea Bargain Task Force Report, Oct. 1, 2023
- The Two Faces of the FBI and DOD Facial Recognition Program, Sept. 1, 2023
- Police Sketch Bot Arrives, June 15, 2023
- Corporations Voice Support for Black and Brown People as They Found Cop City, March 15, 2023
More from these topics:
- Virginia Governor’s Veto Exposes Prisoners Who Took Plea Bargains to Civil Rights Violations, Sept. 15, 2024. State Legislation, Civil Rights Actions or Offenses/Bivens Actions, Plea Bargaining.
- Law Review Article Reports Metadata on Victims of Coercive Plea Bargaining, Sept. 1, 2024. Databases, Coercive Interrogations, Plea Bargaining.
- 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.
- 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.
- Systematic Lying in Plea Bargaining Is a Feature, Not a Flaw, March 15, 2022. Guilty Plea, Plea Bargaining, Plea Agreements/Guilty Pleas.
- Study: Innocent Children Likely to Plead Guilty, Sept. 15, 2021. Disabled Prisoners, Juvenile Offenses/Offenders, Plea Bargaining.
- Trial Penalty: The Harm in Coercive Prosecutorial Tactics and Plea Bargains, Aug. 15, 2021. Plea Bargaining, Pleas Linked to Cooperation.
- Law Review Article: Plea Bargains Lack Transparency, Dec. 15, 2020. Plea Bargaining.
- Hawaii Lawmakers Propose Transparency from Prosecutors, April 15, 2020. Racial Discrimination, Prosecutors, Plea Bargaining.
- U.S. v. Morris, No. 04-80200 (E.D.Mich.) (377 F.Supp.2d 630) (July 20, 2005) (Judge Arthur Tarnow), Aug. 1, 2005. Punch And Jurists, Plea Bargaining.