When Public Defenders and Prosecutors Plea Bargain Race - A More Truthful Narrative

2021 ◽  
Author(s):  
Elayne E. Greenberg

Author(s):  
Bryan C. McCannon

I explore the impact of public defender and prosecutor elections using caseload data from Florida. While most states within the US use popular elections to select and retain prosecutors, public defenders are typically appointed positions. Florida is novel in that for both positions, popular, partisan elections are used to select the office’s leader. I first document important distortions in pre-trial case handling. A public defender re-election is associated with an increase in the proportion of cases resolved via plea bargaining, while prosecutor re-elections are associated with less plea bargaining. At the trial phase, I present evidence that public defender re-elections are associated with a decrease in the proportion of jury trials that result in a conviction, while a prosecutor re-election coincides with an increase in the conviction rate. The results are consistent with voters holding both elected officials accountable for doing their job. Public defenders obtain plea bargains at a higher rate and secure acquittals for their clients when up for re-election. Prosecutors do not plea bargain as much and win at trial when up for re-election.



2020 ◽  
pp. 86-91
Author(s):  
N. Yu. Borzunova ◽  
K. L. Maksimova ◽  
A. M. Tsechoev

The article deals with the specific features of the presumption of innocence principle and the problems of its implementation in Russia and the United States of America, as well as theoretical issues of this concept. The materials of practice reflecting violations of the principle of presumption of innocence are presented, and various opinions of legal scholars on the implementation of the principle of presumption of innocence are given. Examples from practice are analyzed, including cases that have a high public profile: the criminal case against two football players Pavel Mamaev and Alexander Kokorin, the decision of the Strasbourg European Court of human rights in the case “Fedorenko V. Russia” and the criminal case of the famous American producer Harvey Weinstein. The article analyzes the “plea bargain” that is used in the United States of America. The problems of implementing the principle of presumption of innocence and ways to solve them are outlined.





Author(s):  
Janne E Gaub ◽  
Carolyn Naoroz ◽  
Aili Malm

Abstract The research on police body-worn cameras (BWCs) has rapidly expanded to evaluate the technology’s impact on a range of police outcomes. Far fewer studies have addressed the various effects on downstream criminal justice actors, and those that do have focused almost entirely on prosecutors. Thus, public defenders have remained on the periphery of the police BWC discussion, despite playing an important role as an end-user of the technology. This study draws on qualitative data from focus groups with public defenders in the Commonwealth of Virginia to discuss the perception of BWCs as neutral observers in a police–citizen encounter. We then provide implications and recommend avenues for future research.



2020 ◽  
Vol 11 (1) ◽  
Author(s):  
Bernardo Oliveira Buta ◽  
Tomas Aquino Guimaraes ◽  
Luiz Akutsu
Keyword(s):  


2021 ◽  
Author(s):  
Lesley Zannella

Recently, plea bargaining has emerged as a factor that contributes to wrongful convictions. When a Crown offers a reduced sentence or lesser charge to a defendant in exchange for a guilty plea, there is the potential for innocent defendants to plead guilty. However, little is known about the factors that are influencing innocent defendants to accept plea bargains. The current study aimed to investigate the role of false evidence, risk, and modality on an innocent participant’s likelihood of accepting or rejecting a plea bargain. In a laboratory, innocent participants (N = 174) were accused of collaborating with another participant (confederate) on a problem solving task, and offered a plea bargain. Results showed that when participants were told there was an 80% chance of sanctions if they rejected the plea, they were more likely to admit guilt, and accept the plea. Additionally, participants who were high in compliance, high in fantasy proneness, or were younger, were more likely to accept the plea bargain. Implications of these findings for innocent defendants are discussed.



2018 ◽  
Vol 5 (2) ◽  
pp. 29-42
Author(s):  
Hakeem Ijaiya
Keyword(s):  


2018 ◽  
pp. 92-96
Author(s):  
José Francisco Siqueira Neto
Keyword(s):  


1985 ◽  
Vol 27 (1) ◽  
pp. 67-82
Author(s):  
Patricia L. Brantingham


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