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- Title
REGULATING THE NEW GOLD STANDARD OF CRIMINAL JUSTICE: CONFRONTING THE LACK OF RECORD-KEEPING IN THE AMERICAN CRIMINAL JUSTICE SYSTEM.
- Authors
RICHMOND, CEDRIC
- Abstract
Despite recent Supreme Court decisions acknowledging the constitutional importance of plea-bargaining to the criminal justice system, defendants' Sixth Amendment rights remain unprotected at the plea-bargaining stage due to the lack of record-keeping. This article illustrates the problems that stem from the lack of sufficient record-keeping during the plea bargaining stage and offers avenues for change. In particular, this article looks to the legislature to provide a solution in one of three ways: third-party reporting; mandatory reporting by defense counsel; or instituting a bench trial system in lieu of most plea bargains.
- Subjects
UNITED States; SOLITARY confinement; IMPRISONMENT; PRISON discipline; PRISON system; CRIMINAL justice system
- Publication
Harvard Journal on Legislation, 2015, Vol 52, Issue 1, p245
- ISSN
0017-808X
- Publication type
Article