| American Journal of Criminal Law

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Journal:: American Journal of Criminal Law
Issue Date:: 2006
Abstract(summary):: In other words, the Article illustrates that one of the key short-comings of the American criminal justice system lies not in the availability of plea bargaining, but rather in the types of plea bargaining permitted. First, prosecutors should not threaten to take cases to trial where no reasonable jury could find the defendant guilty beyond a reasonable doubt. second, prosecutors and the criminal justice system should not apply disproportionate punishments to guilty defendants at trial.
Page:: 223-299

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