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Article • September 1, 2024 • from CLN September, 2024
Law Review Article Reports Metadata on Victims of Coercive Plea Bargaining by Matthew Clarke by Matt Clarke An article published in the American University Law Review examines victims of coercive plea bargaining using extensive data from psychological studies and surveys. In doing so, it goes beyond the obvious victims—innocent defendants …
Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made by Richard Resch by Richard Resch The U.S. Court of Appeals for the Fourth Circuit vacated the U.S. District Court for the District of Maryland’s …
Article • October 1, 2023 • from CLN October, 2023
Filed under: Plea Bargaining
American Bar Association’s 2023 Plea Bargain Task Force Report by Carlo Difundo 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 …
Article • December 15, 2022 • from CLN January, 2023
Eighth Circuit: District Court Erred in Denying Government’s Motion to Dismiss Charges as Part of Plea Agreement by David Reutter by David M. Reutter The U.S. Court of Appeals for the Eighth Circuit held that the U.S. District Court for the District of South Dakota abused its discretion in rejecting …
Article • July 15, 2022 • from CLN August, 2022
Filed under: Prosecutorial Threats
Ohio Justice Calls for Plea Bargaining Reform to End ‘Sentencing by Ambush’ by David Reutter by David M. Reutter In an article that appeared in the Akron Law Review, Ohio Supreme Court Justice Michael P. Donnelly detailed his experience, concerns, and solutions to create a fair playing field in the …
Article • March 15, 2022 • from CLN April, 2022
Systematic Lying in Plea Bargaining Is a Feature, Not a Flaw by David Reutter 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 …
Article • September 15, 2021 • from CLN October, 2021
Study: Innocent Children Likely to Plead Guilty by David Reutter by David M. Reutter The developmentally immature decision-making decisions of child defendants makes them “likely to be systematically pleading guilty to crimes that they did not commit in predictable circumstances,” concluded a study by Rebecca K. Helm from England’s University …
Article • August 15, 2021 • from CLN September, 2021
Trial Penalty: The Harm in Coercive Prosecutorial Tactics and Plea Bargains by David Reutter by David M. Reutter "Representative government and trial by jury are the heart and lungs of liberty. Without them we have no other fortification against being ridden like horses, fleeced like sheep, worked like cattle, and …
Publication • 2021
Filed under: Plea Bargaining
How to Be a Better Plea Bargainer HOW TO BE A BETTER PLEA BARGAINER Cynthia Alkon* and Andrea Kupfer Schneider** INTRODUCTION You are a public defender or a prosecutor and have a pile of cases to handle in court today. All of the parties involved, including the judge, expect most …
Article • December 15, 2020 • from CLN January, 2021
Filed under: Plea Bargaining
Law Review Article: Plea Bargains Lack Transparency by David Reutter by David M. Reutter More can be done to enhance the documentation and transparency in plea bargaining, argues Jenia I. Turner’s article in the Notre Dame Law Review. The article reviewed the plea bargaining laws and practices in the U.S. …
Article • April 15, 2020 • from CLN May, 2020
Hawaii Lawmakers Propose Transparency from Prosecutors by David Reutter by David M. Reutter Prosecutors are the “most powerful actors in the criminal justice system” proclaims Hawaii House Bill 2749. That bill would follow the lead of Florida, Colorado, and Arizona in increasing transparency into court proceedings. A Texas A&M Law …
Publication • 2019
Filed under: Plea Bargaining
Adversariality, Plea Bargaining, and Prison Population Growth - Evidence From a Natural Experiment, 2019 Adversariality, Plea Bargaining, and Prison Population Growth: Evidence from a Natural Experiment Angela Zorro-Medina1 Abstract During the two decades after the end of the Cold War, the U.S. promoted and sponsored Latin America's deepest criminal reform …