Guilty Plea Negotiations and the Exclusionary Rule of Evidence: A Case Study of Chicago Narcotics Courts
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Comme Nt Evidence: Judgments and Pleas in Prior Criminal
ALTHOUGH a plea of guilty in a prior criminal prosecution was admissible at common law, the record of the judgment was not admissible as evidence of the facts upon which it was based.1 This exclusionary rule, based on technicalities, has been widely criticized. The facet of the rule which excludes prior criminal convictions is gradually being eroded; the rule as to acquittals, however, remains ...
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We study the criminal court process focusing on the interaction between plea bargaining and jury trials. We model plea bargaining such that a prosecutor makes a takeit-or-leave-it offer and a defendant, who is either guilty or innocent, pleads either guilty or not guilty. If the defendant pleads not guilty, the case goes to a jury trial, which follows a strategic voting model. Plea bargaining p...
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Crime laboratories play an important prosecution. Yet just how frequently charging, plea negotiations, trial, and role in our criminal justice system by -and effectively-is forensic evisentencing? Is forensic science "overexamining physical evidence in supdence actually used at various stages burdened and underutilized," as port of investigations and subsequent of the criminal justice processsu...
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outlines of two very different conceptions of the guilty plea process in answering the question: What makes the plea system work? While most observers agree some form of trial penalty exists to encourage pleas (i.e., a more severe sentence will be given to defendants who are convicted after trial), they differ over how pleas are put together. These differences form the basis for two competing m...
متن کاملNegotiating about charges and pleas – balancing interests and justice
There is a worldwide movement towards alternatives to judicial decision-making for legal disputes. In the domain of criminal sentencing, in Western countries more than 95% of cases are guilty pleas, with many being decided by negotiations over charges and pleas, rather than a decision being made after a judge or jury has heard all relevant evidence in a trial. Because decisions are being made, ...
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تاریخ انتشار 2016