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The “Trial Penalty”: The Dominance of Plea Bargains in Our System

The “Trial Penalty”: The Dominance of Plea Bargains in Our System

by Bert | Aug 29, 2018 | National

It is no secret that the American justice system, premised on an individual’s right to a fair trial, has turned into a plea-bargain factory. Case after case is resolved by a plea rather than a trial in front of one’s peers. Not because every defendant is guilty, but...
Federal Courts Should Reduce Use of Informants, Not Seek Greater Secrecy Around Their Use

Federal Courts Should Reduce Use of Informants, Not Seek Greater Secrecy Around Their Use

by Bert | Jul 27, 2017 | National

The Judicial Conference—a national body that makes policy for the federal court system—has expressed concerns about the security of informants in the federal system. Evidently, around 700 cooperating witnesses and jailhouse informants (sometimes referred to as...

A Note on Crime Rates and Prosecutorial Accountablity

by Alec | Sep 2, 2015 | National, The Open File Blog

Earlier this week the New York Times prominently featured a story on an increase in homicides this year in many American cities. The piece focused on Milwaukee, which has seen the steepest rise in the nation in the number of murders as compared to 2014, followed by...
New Data Highlights Systematic Bias of “Materiality” Standard in Brady Decisions

New Data Highlights Systematic Bias of “Materiality” Standard in Brady Decisions

by Alec | Nov 23, 2014 | National, The Open File Blog

A new report, which offers a detailed empirical analysis of the role judicial review plays in the disclosure of favorable information to defendants, has found that application of the “materiality” standard to determine whether or not a Brady violation has occurred has...
“Above the Law” on Jailhouse Informants in White Collar Cases

“Above the Law” on Jailhouse Informants in White Collar Cases

by OpenFile | Jul 3, 2014 | National, The Open File Blog

Matt Kaiser at Above the Law has a terrific post titled, “White Collar Trials, Snitches, And Telling The Truth” from early June on the use of jailhouse informants or “snitches” in federal court, and how the government benefits from their...
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