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plea-mitigation

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Journal Articles
New Criminal Law Review (2017) 20 (3): 506–533.
Published: 01 August 2017
... plea mitigation and sentencing process. An empirical study was conducted to examine the effects of both offense-specific and offender-specific factors that may serve to aggravate or mitigate the sentence in a magistrate’s court in Hong Kong. Data was collected through courtroom observations of...
Journal Articles
New Criminal Law Review (2020) 23 (2): 170–195.
Published: 15 April 2020
... control, or the second category of strategic means, which the lawyer controls, is often uncertain.26 The Model Rules themselves provide a few examples that accord with the Supreme Court s constitutional decisions: the client has a right to the final say over whether to settle, enter a plea, waive a jury...
Journal Articles
New Criminal Law Review (2020) 23 (1): 113–138.
Published: 01 February 2020
.... Many such cases involve petty theft and domestic violence. As we discuss their experiences, a consensus emerges. Many cases reflect social problems more than crimes, and so an informal examination rather than a trial or even a straightforward plea deal makes sense. One of my follow-up questions is...
Journal Articles
New Criminal Law Review (2019) 22 (4): 434–493.
Published: 01 November 2019
...Andrea Kupfer Schneider; Cynthia Alkon Plea bargaining is the primary, and unavoidable, method for resolving the vast majority of criminal cases in the United States. As more attention is paid to reform and changes in the criminal legal system, plea bargaining has also come into the spotlight. Yet...
Journal Articles
New Criminal Law Review (2019) 22 (4): 359–390.
Published: 01 November 2019
... defendants, render such a vast expansion of the duties of criminal defense lawyers highly unlikely.55 Moreover, the overwhelming majority of noncapital cases are resolved by plea, rather than by trial. In a hypothetical future regime that required extraordinarily expensive and time-consuming mitigation work...
Journal Articles
New Criminal Law Review (2019) 22 (4): 494–541.
Published: 01 November 2019
... review the legal qualification of the charges against the defendant and the applicability of aggravating or mitigating circumstances. If any of these prove to be problematic, the judge must reject the bargain agreement and revert to the ordinary proceeding. 41. The German version of plea bargaining was...
Journal Articles
New Criminal Law Review (2019) 22 (2): 164–199.
Published: 01 May 2019
... mitigating factor that could inform the length of sentence.53 A plea of guilty also affects the sentence in that a lesser sentence is more likely when the convict has pleaded guilty, thereby sparing the State re- sources.54 A self-serving plea of guilty, made after the prosecution has already expended...
Journal Articles
New Criminal Law Review (2018) 21 (2): 291–315.
Published: 01 May 2018
... requested a competency hearing, asserting that she was not mentally endowed such that she could assist in her defense. He withdrew that request after she agreed to a plea deal on misdemeanor battery. During the two years between her arrest for Session s murder and the trial, Nash also pled guilty to...
Journal Articles
New Criminal Law Review (2018) 21 (1): 1–56.
Published: 01 February 2018
.... Blazer, 13-cr-602 (RJD) (E.D.N.Y. June 15, 2015), Cooperation Agreement & Order of Forfeiture; United States v. Hawilla, 14-cr-609 (RJD) (E.D.N.Y. Oct. 14, 2015), Cooperation Agreement & Order of Forfeiture; United States v. Traffic Sports Int l, Inc., 14-cr-609 (RJD) (E.D.N.Y. Oct. 14, 2015), Plea...
Journal Articles
New Criminal Law Review (2017) 20 (3): 433–464.
Published: 01 August 2017
.... Such a plea would only exonerate where these elements are pre-set as requirements of the criminal charge. Similarly, where a particular element does not form part of any recognized defense, the defendant will not be absolved by asserting that his conduct included that element. Naturally, the same logic...
Journal Articles
New Criminal Law Review (2017) 20 (3): 391–432.
Published: 01 August 2017
... However, a mandatory death penalty will be unconstitu- tional,86 because it would not permit the consideration of any mitigating circumstances, and the Court has taken the position that, at least for capital cases, this is required.87 Attempted imposition of the death penalty for a non-homicide offense is...
Journal Articles
New Criminal Law Review (2017) 20 (2): 309–353.
Published: 01 May 2017
Journal Articles
New Criminal Law Review (2017) 20 (1): 12–38.
Published: 01 February 2017
... consequences of a guilty plea.40 This duty extends to attempting to mitigate immigration consequences by negotiat- ing with the prosecutor to achieve an immigration-neutral plea that will not result in deportation. 35. See generally Jordan Cunnings, Nonserious Marijuana Offenses and Noncitizens: Un- counseled...
Journal Articles
New Criminal Law Review (2017) 20 (1): 66–95.
Published: 01 February 2017
... prisoner have to consent.30 To reassure itself that prisoners have consented to their transfers, the United States enacts a judicial process familiar from the plea bargain.31 At 26. 18 U.S.C. § 4100(b). Michael Abbell, who negotiated many of the prisoner transfer treaties, notes that the COE Convention...
Journal Articles
New Criminal Law Review (2016) 19 (4): 577–591.
Published: 01 November 2016
... manifestation of the usual process that takes place in criminal law. Unlike plea bargaining, for example, which promotes a settlement inside the court and under the watchful eye of the criminal code, restorative justice pro- grams may be considered as diversion schemes that often include sanctions outside the...
Journal Articles
New Criminal Law Review (2016) 19 (1): 63–92.
Published: 01 February 2016
... and contempt if it appears that their suicidal behavior was an emotional response to a problem they 68 | NEW CRIMINAL LAW REVIEW | VOL . 19 | NO . 1 | W INTER 2016 could have prevented, resolved, or at least mitigated (Ellis & Hirsh, 1995; Shearer, 2005). Regarding bullying victims specifically, some...
Journal Articles
New Criminal Law Review (2015) 18 (4): 477–509.
Published: 01 November 2015
Journal Articles
New Criminal Law Review (2015) 18 (2): 214–272.
Published: 01 May 2015
.... But district judges often must rely on extrapolation and inference to make such findings. As a result, courts frequently mete out lengthy prison terms based on quantity determinations that carry a high risk of error. This Article will argue that courts and policymakers should mitigate the...
Journal Articles
New Criminal Law Review (2015) 18 (2): 167–213.
Published: 01 May 2015
... savings statutes that make explicit exceptions for ameliorative repeals,41 and most of those confine themselves to ame- liorative repeals that mitigate 42 or reduce 43 punishments or penalties. The West Virginia savings clause is an example of the latter: The repeal of a law . . . shall not affect...
Journal Articles
New Criminal Law Review (2015) 18 (1): 35–70.
Published: 01 February 2015
... older than Bacon; Cicero attributed it to Hecaton of Rhodes. 36 | NEW CRIMINAL LAW REVIEW | VOL . 18 | NO . 1 | W INTER 2015 the person being forced off the plank strikes back, even fatally, in order to maintain control of it, a plea of self-defense could be offered. The first situation is one where...