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The screening/bargaining tradeoff.(using prosecutorial screening rather than relying on plea bargaining to obtain a more just criminal justice system)
From:
Stanford Law Review
| Date:
October 1, 2002| Author:
Miller, Marc; Wright, Ronald
| COPYRIGHT 2002 Stanford Law School. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group.Copyright information
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INTRODUCTION
I. A FALSE DICHOTOMY: PLEA BARGAINING VERSUS TRIALS
A. The Traditional Plea Bargain/Trial Tradeoff
B. Traditional Alternatives to Plea Bargaining
1. Short trials
2. Plea bans
II. THE SCREENING ALTERNATIVE
A. Screening as Random Event of Plan?
B. Screening as Threat of Opportunity?
C. Setting Prosecutorial Goals from the Inside
D. Internal Prosecutorial Responses to Plea Bargaining
III. THE SCREENING/BA...
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