The Plea Bargaining Blog

A new report from Fair Trials is a must read for those interested in plea bargaining issues.  Fair Trials is an organization working globally to "improve respect for the fundamental human right to a fair trial." From the description of the report on the Fair Trials website: The trial is the archetype of criminal justice. It has captured the public imagination. Just think of the dominance of court-room drama in film, TV and literature: the intense personal drama of the trial for the defendant, whose life hangs in the balance. The public drama of the trial: after the shadowlands of police custody, the evidence and the actions of police and prosecutors are exposed to the bright light of scrutiny. The public sees the rule of law in action, witnesses real-time, the search for truth and justice. But the trial is starting to disappear. In many parts of the world, trials are being replaced by legal regimes that encourage suspects to admit guilt and waive their right to a full...

In 2015, I launched the Inaugural ABA Criminal Justice Section Global White Collar Crime Institute in Shanghai, China.  It was an incredible success and brought together practitioners, government officials, judges, consultants, and academics to discuss some of the most important issues in the field.  I’m please to announce that the Second Global White Collar Crime Institute will be held in Sao Paulo, Brazil on June 7-8, 2017 at the Law Offices of Trench Rossi Watanabe.   The program is now available online, and it is shaping up to be another spectacular event.   The program includes the following panels: ·       A Prosecutor’s View of Global White Collar Crime from Investigation to Sentencing ·       Navigating Cross Border Government Investigations and Prosecutions ·       Trends Regarding Global Anti-Corruption Enforcement ·       A View of Globa...

As many readers know, I am heavily involved in planning international white collar crime conferences with the American Bar Association Criminal Justice Section.  These have become wonderful learning and networking opportunities for those with an interest in the many issues in the field that transcend national boundaries.  I’m excited to announce the next international conference offering will occur on April 5, 2017 in Hong Kong.   The event will focus on  Global Investigations and Compliance:  From Regulatory Trends to Leveraging Innovation and Technology .  I expect this conference to be a wonderful compliment to the successful Global White Collar Crime Institute the American Bar Association held in Shanghai in 2015.  If you attended the Shanghai event, I hope you will join us again and reconnect with the many colleagues and contacts you established at that earlier conference.  If you were not in attendance in Shanghai, I hope you will join...

According to the Jamaica Observer , the U.S. State Department has agreed to assist Jamaica in introducing bargained justice into its criminal justice system.  From the article: The justice minister said that changes are to be made to the Criminal Justice (Plea Negotiations and Agreement) Act in order to make the legislation more effective and to speed up the pace at which justice is delivered to Jamaicans. The Act, which was introduced in 2006 and amended in 2010, allows individuals accused of crimes to plead guilty and give testimony or information in return for a reduced penalty. Minister Chuck explained that the amendments will, among other things, allow for the defence counsel to be a part of the plea bargaining process and to negotiate with the prosecutor and judge regarding the sentence to be imposed. “If the accused knows that following a trial he can receive a sentence of 10 or 15 years, and he also knows that his defence counsel can bargain with the judge and get five ...

The  New York Times  published an article earlier this year entitled Trial by Jury, a Hallowed American Right, Is Vanishing . It is well worth a read. The piece examines the rarity of trials at the federal level and includes observations from some of the country's most prominent judges. From the opening of the article: The criminal trial ended more than two and a half years ago, but Judge Jesse M. Furman can still vividly recall the case. It stands out, not because of the defendant or the subject matter, but because of its rarity: In his four-plus years on the bench in Federal District Court in Manhattan, it was his only criminal jury trial. He is far from alone. Click here for the entire article.

NPR has an interesting story about juvenile defendants lacking legal advice and often being urged to plead guilty.   From the beginning of the piece: Everybody knows when you are accused of a crime, you get a lawyer. But in practice, that is not the case for thousands of kids. The Justice Department says about half the young people locked up in detention facilities never had an attorney. And now, a new report finds that even when juveniles do get legal advice, it often comes from lawyers who urge them to plead guilty. Click here to listen to the entire NPR story. 

In May of 2016, the National Association of Criminal Defense Lawyers and the U.S. Chamber of Commerce's Institute for Legal Reform held a day-long symposium entitled The Enforcement Maze: Over-Criminalizing American Enterprise .  Here is the description from the NACDL website: "The day-long symposium featured key leaders from industry, academy, law, and policy across the political spectrum. Together they addressed the rise of overcriminalization, the inappropriate criminalizing of civil and regulatory matters, why laws need criminal intent requirements, fundamental flaws with the plea bargaining process, criminal discovery abuses and inadequacies of the grand jury process, as well as the use of certain pressures associated with enforcement against business and corporate individuals. House Judiciary Chairman Bob Goodlatte gave the morning keynote address; keynote lunch address was given by former Deputy Attorney General David Ogden; and Senator Orrin Hatch gave closing r...