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Plea Bargaining: An Illegitimate System to Administer Justice?
Loaded on March 15, 2022
by David Reutter
published in Criminal Legal News
April, 2022, page 22
Filed under:
Wrongful Conviction,
Plea Agreements/Guilty Pleas,
Withdrawal.
Location:
United States of America.
by David M. Reutter
A counseled plea bargain is the fastest and most economical resolution to a criminal case. The American justice system has come to tolerate and encourage plea bargains because of these attributes. Recent studies, however, find that a defendant who enters a plea with the assistance of ...
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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:
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
- HRDC Files Suit on Behalf of Florida Man Wrongfully Convicted and Incarcerated for 31 Years, Feb. 15, 2025. Wrongful Conviction, HRDC Litigation.
- U.S. Navy Exonerates Wrongly Convicted Black WWII Sailors, Feb. 15, 2025. Wrongful Conviction, Military, Racial Profiling, Racial/Ethnic Bias/Profiling.
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025. Settlements, Wrongful Conviction, Wrongful Imprisonment, Murder/Felony Murder.
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025. Databases, Disclosure of Records, Public Records Act, Federal Rules of Criminal Procedure, Plea Agreements/Guilty Pleas.
- Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments, Feb. 15, 2025. Prosecutors, Wrongful Conviction, Prior Convictions - Expungement or Reversal of, Improper Comment.
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
- Seeking Justice for Two: The DNA Scandal That Shook a Community, Jan. 15, 2025. DNA Testing/Samples, junk science, Wrongful Conviction, DNA Evidence/Testing.
- Nearly $12 Million Paid to Mentally Disabled Indiana Prisoner Wrongly Convicted of Murder, Jan. 15, 2025. Disabled Prisoners, Prison/Jail Murders, Settlements, Wrongful Conviction.
- Guard Pleads Guilty to Using Excessive Force at Indiana Jail Sued Nine Times in Two Years, Jan. 15, 2025. Guard Misconduct, Guard Brutality/Beatings, Plea Agreements/Guilty Pleas.
- Kansas Supreme Court Announces Defendant-Witness Retains Fifth Amendment Privilege Against Compelled Self-Incrimination After Guilty Plea and Sentencing as Long as Testimony Sought Presents Legitimate Risk of Incrimination, Dec. 15, 2024. Self Incrimination, Self-Incrimination Clause, Plea Agreements/Guilty Pleas.