Sentencing Discounts, Attorney Compensation and Plea Bargaining in Criminal Cases

2015 ◽  
Vol 11 (3) ◽  
Author(s):  
Roger Bowles
Keyword(s):  
Justice System ◽  
Early Stage ◽  
Plea Bargaining ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
England And Wales ◽  
The Us ◽  
Agency Issues ◽  
Using Data ◽  
The Relationship

AbstractOffering defendants a sanction reduction if they agree to plead guilty at an early stage in criminal proceedings represents one form of “plea bargaining”. As with the better known form, where a defendant agrees to plead guilty to a lesser charge in exchange for the dropping of a more serious charge, it is motivated by a wish to reduce expenditure on the criminal justice system. In England and Wales sentencing discounts have been used as part of an effort to reduce the high proportion of criminal cases that end in a “cracked trial” where a defendant who had originally pleaded not guilty changes their plea to guilty “at the courtroom door”. The paper presents a model of sentencing discounts and looks also at the closely-related issue of attorney compensation and the associated agency issues. Using data on “cracked trials” from England and Wales and evidence from the US on the relationship between plea bargaining and attorney compensation we argue that sentencing discounts alone may not be a very effective way of economising on legal resources unless they are supported by an appropriate structure of payments to defence lawyers.

Behavioral Economics and Plea Bargaining

2014 ◽  
pp. 642-663
Author(s):  
Russell Covey
Keyword(s):  
Criminal Justice ◽  
Behavioral Economics ◽  
Criminal Justice System ◽  
Cognitive Bias ◽  
Justice System ◽  
Cognitive Biases ◽  
Plea Bargaining ◽  
Criminal Cases ◽  
Criminal Defendant ◽  
The Us

Numerous documented cognitive biases, including loss aversion, confirmation bias, and overconfidence, seem to work against resolution of criminal cases through plea bargaining, since doing so requires a criminal defendant to accept immediate loss (punishment) and forfeit the possibility of no loss (acquittal) in exchange for a future benefit (reduction of punishment). This chapter considers why plea bargaining is so prevalent in the US criminal justice system, notwithstanding the existence of so much potentially plea-discouraging cognitive bias. The principal explanation is that the criminal justice system is functionally designed to overcome cognitive bias in order to induce defendants to plead guilty. Incorporation of the insights of behavioral economics into plea-bargaining theory provides a more nuanced explanation of the shape of many features of our criminal justice system and casts new light on the factors that drive plea-bargaining outcomes.

Suspended Sentences in Spain: An Alternative to Prison or a “Bargaining Chip” in Plea Negotiations?

2020 ◽  
Vol 28 (4) ◽  
pp. 354-378
Author(s):  
Daniel Varona ◽  
Steven Kemp
Keyword(s):  
Regression Analysis ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Plea Bargaining ◽  
The Other ◽  
European Research ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
The One

Abstract Criminal proceedings in many European states are increasingly being resolved via plea bargaining agreements; yet, there is relatively scant European research on the implications for the defendant or the role this practice plays within the criminal justice system. Using a sample of 1417 criminal cases, this paper examines how suspended prison sentences may be utilized in Spain to encourage or coerce defendants into a guilty plea. In addition to more traditional regression analysis, covariates are controlled through an entropy balancing process. The findings show defendants who agree a plea deal are indeed less likely to enter prison, which has profound implications for criminal justice in Spain and beyond. On the one hand, it appears plea bargaining is being used to improve the efficiency of the system and, thus, maintain its very existence. On the other hand, issues regarding false confessions and sentencing disparities are specifically highlighted.

scholarly journals Toward a Country-Based Prediction Model of COVID-19 Infections and Deaths Between Disease Apex and End: Evidence From Countries With Contained Numbers of COVID-19

2021 ◽  
Vol 8 ◽  
Author(s):  
Tianshu Gu ◽  
Lishi Wang ◽  
Ning Xie ◽  
Xia Meng ◽  
Zhijun Li ◽  
...  
Keyword(s):  
Real Data ◽  
Control Measures ◽  
Actual Number ◽  
The Public ◽  
The Us ◽  
Multiple Regression Models ◽  
Before And After ◽  
Using Data ◽  
High Degree ◽  
The Relationship

The complexity of COVID-19 and variations in control measures and containment efforts in different countries have caused difficulties in the prediction and modeling of the COVID-19 pandemic. We attempted to predict the scale of the latter half of the pandemic based on real data using the ratio between the early and latter halves from countries where the pandemic is largely over. We collected daily pandemic data from China, South Korea, and Switzerland and subtracted the ratio of pandemic days before and after the disease apex day of COVID-19. We obtained the ratio of pandemic data and created multiple regression models for the relationship between before and after the apex day. We then tested our models using data from the first wave of the disease from 14 countries in Europe and the US. We then tested the models using data from these countries from the entire pandemic up to March 30, 2021. Results indicate that the actual number of cases from these countries during the first wave mostly fall in the predicted ranges of liniar regression, excepting Spain and Russia. Similarly, the actual deaths in these countries mostly fall into the range of predicted data. Using the accumulated data up to the day of apex and total accumulated data up to March 30, 2021, the data of case numbers in these countries are falling into the range of predicted data, except for data from Brazil. The actual number of deaths in all the countries are at or below the predicted data. In conclusion, a linear regression model built with real data from countries or regions from early pandemics can predict pandemic scales of the countries where the pandemics occur late. Such a prediction with a high degree of accuracy provides valuable information for governments and the public.

12. Hearsay in criminal cases

2020 ◽  
pp. 349-411
Author(s):  
Adrian Keane ◽  
Paul McKeown
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
European Convention ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Definition Of ◽  
The Relationship

This chapter discusses the meaning of hearsay in criminal proceedings and the categories of hearsay admissible by statute in such proceedings. It considers the relationship between the hearsay provisions of the Criminal Justice Act 2003 (the 2003 Act) and Article 6 of the European Convention on Human Rights as it relates to hearsay; the definition of hearsay and its admissibility under the 2003 Act, including admissibility under an inclusionary discretion (section 114(1)(d)); and safeguards including provisions relating to the capability and credibility of absent witnesses, the power to stop a case and the discretion to exclude. Also considered in this chapter are: expert reports; written statements under section 9 of the Criminal Justice Act 1967; and depositions of children and young persons under section 43 of the Children and Young Persons Act 1933.

The relationship between nitrogen supply and the nitrogen yield of cut grass swards

1977 ◽  
Vol 88 (2) ◽  
pp. 289-292 ◽  
Author(s):  
I. R. Richards ◽  
R. D. Hobson
Keyword(s):  
Nitrogen Supply ◽  
Linear Functions ◽  
Available Nitrogen ◽  
England And Wales ◽  
Nitrogen Yield ◽  
Non Linear ◽  
Using Data ◽  
The Relationship ◽  
Potential Maximum ◽  
Better Than

SUMMARYUsing data from 140 experiments conducted at sites throughout England and Wales, a relationship between nitrogen supply and the nitrogen yield of cut grass swards was sought. One linear and three non-linear functions were fitted to the data. The non-linear functions fitted the data slightly better than did the linear and, over the range in nitrogen supply normally found, provided consistent predictions of grass nitrogen yield. The recovery of available nitrogen in the herbage was found to decline with level of nitrogen supply from a potential maximum of 79%.

scholarly journals Compromise, partnership, control: Community Justice Authorities in Scotland

2018 ◽  
Vol 20 (2) ◽  
pp. 226-243 ◽  
Author(s):  
Jamie Buchan ◽  
Katrina Morrison
Keyword(s):  
Local Government ◽  
Justice System ◽  
National Government ◽  
Political Context ◽  
Regional Level ◽  
England And Wales ◽  
Community Justice ◽  
Control Community ◽  
Convergence And Divergence ◽  
Using Data

Community Justice Authorities (CJAs) were heralded on their inception as modernizing Scotland’s community justice system and resolving longstanding tensions between central and local government over community justice control, by encouraging partnership working and providing oversight at a regional level. However, they were largely unsuccessful and were quietly abolished barely a decade later. Using data from two projects, we analyse the policy ‘narrative’ of CJAs in relation to features of a changing political context – particularly the (re-)establishment of Scotland’s national government, its shifting relationship with local government and policy convergence and divergence with England and Wales. CJAs’ origins in local/national compromise created constitutional flaws which constrained their operation and ultimately sealed their fate, but they nonetheless began to develop distinct identities and contributions which have been largely overlooked. The case of CJAs illustrates how evolving local and national political contexts shape the development of justice institutions.

scholarly journals Experts and pretenders: Examining possible responses to misconduct by experts in criminal trials in England and Wales

2020 ◽  
Vol 24 (2) ◽  
pp. 180-207 ◽  
Author(s):  
Elaine Freer
Keyword(s):  
Expert Witness ◽  
Expert Evidence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Trials ◽  
England And Wales ◽  
Academic Literature ◽  
Criminal Sanctions ◽  
Administration Of Justice ◽  
Disciplinary Procedures

Much academic literature explores the reliability of expert evidence in criminal proceedings in England and Wales. However, almost no attention has been paid to misconduct by experts giving evidence in criminal cases. Whilst rare, its serious impact on the administration of justice and public trust in it means that this area requires analysis. This article explores possible responses to expert witness misconduct occurring in the context of criminal proceedings in England and Wales, noting particularly the differences in responses available, depending firstly upon whether the expert is a registered professional, and secondly whether the expert has stepped outside of their expertise; did not have relevant expertise at all, or was dishonest. Professional disciplinary procedures focus on ‘fitness to practise’, and it is argued that this is sufficient where a registered professional has overstepped their expertise, but has not displayed mala fides. On the contrary, where someone gives evidence purporting to have expertise that they do not, or lies about their conduct as an expert in the case, criminal sanctions are available, appropriate, and should be used. These include contempt of court; perverting the course of justice; fraud by false representation, and perjury.

Regulating (Hetero)Sexual Offences in British Columbia, 1885-1940

2001 ◽  
Vol 35 (2-3) ◽  
pp. 285-319
Author(s):  
Dorothy E. Chunn
Keyword(s):  
Expert Testimony ◽  
Sex Discrimination ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Sexual Offences ◽  
Battered Woman Syndrome ◽  
Legal Outcomes ◽  
Late Twentieth ◽  
The Relationship

Since the late twentieth century, much literature and debate has addressed the use and misuse of science and expertise in the courts and the relationship between science and law in the determination of legal outcomes. Feminists have examined these issues in relation to the adjudication of criminal cases involving women accused (battered woman syndrome – BWS; pre-menstrual syndrome – PMS) and women complainants/victims (rape trauma syndrome – RTS) as well as cases in other areas of law such as sex discrimination and sexual harassment. Their research demonstrates that expert testimony reflects class-based, gendered, racialized, and sexualized assumptions and is clearly important to case outcomes. On one hand, judges often are swayed by expert testimony given at trial and/or submitted at the pre-trial or pre-sentence stage of the criminal process. On the other hand, non-legal experts often act like legal agents on behalf of either the prosecution or the defense. Indeed, the issue of competing experts is central to much discussion and debate about their place in criminal proceedings.

scholarly journals Miscarriages of justice and expert psychiatric evidence: lessons from criminal appeals in England and Wales

2019 ◽  
Vol 25 (4) ◽  
pp. 251-264 ◽  
Author(s):  
Nicholas Hallett ◽  
Nadine Smit ◽  
Keith Rix
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Learning Objectives ◽  
List Type ◽  
Criminal Cases ◽  
England And Wales ◽  
Direct Bearing ◽  
Administration Of Justice ◽  
Court Of Appeal

SUMMARYMiscarriages of justice occur as a result of unsafe convictions and findings and inappropriate sentences. In cases involving expert psychiatric evidence it is possible that the way evidence is presented by experts or interpreted by the courts has a direct bearing on the case. Using illustrative cases from the Criminal Division of the Court of Appeal, advice is offered to expert psychiatric witnesses on ways to reduce the likelihood of contributing to such miscarriages of justice and on how they may assist in rectifying such miscarriages, should they occur.LEARNING OBJECTIVESAfter reading this article you will be able to: •understand the place of criminal appeals in the criminal justice system in England and Wales•understand what may go wrong in the provision of psychiatric evidence and how expert psychiatric evidence can assist in the administration of justice•be able to reduce the risk of unsafe convictions and inappropriate sentences when providing expert psychiatric evidence, including for cases referred to the Court of Appeal and the Criminal Cases Review Commission.DECLARATION OF INTERESTNone.

Back to the Future: The Centrality of Plea Bargaining in the Criminal Justice System

2003 ◽  
Vol 18 (2) ◽  
pp. 133-142
Author(s):  
Milton Heumann
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Plea Bargaining ◽  
Careful Analysis ◽  
Historical Study ◽  
Criminal Cases ◽  
Court Records ◽  
General Ground ◽  
Looking Back

Using Professor George Fisher's wonderful new book, Plea Bargaining's Triumph as a springboard and roadmap for a journey into plea bargaining's past and present status, this brief essay will attempt to build a theory accounting for the centrality of plea bargaining in today's—and tomorrow's—criminal justice system. By looking back, Fisher illuminates the present, and suggests a future for plea bargaining in the disposition of the cases. His analysis ends with “plea bargaining's triumph;” with its emergence as the single most important (and powerful) factor in the disposition of criminal cases. I will applaud, but qualify his arguments and speculate about “plea bargaining's future.” His looking back, led him to conclude that plea bargaining coopted or caused most criminal justice innovations of the past two decades, and that almost anthropomorphically, it emerged victorious. His understanding of the “causes” of plea bargaining's centrality deserves applause along with qualification; his painting of a picture of plea bargaining “victory” is correct, and is fruitfully linked to a future informed by his understanding of a past.First, some general ground rules for what I will and will not do in this essay. I will not systematically or exhaustively summarize Fisher's arguments, nor will I referee the disagreements he surfaced with the respect to the work of many major studies of plea bargaining and its history. Suffice it to say that this is a very careful historical study of the origins of plea bargaining, and that it primarily relies on a very detailed and very, very careful analysis of the court records of Middlesex County, Mass., mostly for cases disposed of in the 19th century. Based on these data, and secondary analyses of data from studies of plea bargaining in other jurisdictions, Fisher builds a theory of the growth of plea bargaining that is sometimes original, always engaging, and inevitably provocative. Though I take issue with some of his arguments, he must be lauded for the care and clarity of his presentation, and for the enormous literature he uses to develop and support his case.

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