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Articles Tagged with new york times

Prosecutorial discretion or power

August 20, 2012 | The Law Office of Philip D. Cave

h/t to Prof. Berman TG.

The title of this post is the headline of this new New York Times segment of its series "Room for Debate." The NY Timesbrought together five leading lights to comment on this question (all of whom appear to supply variations on the answer "Yes"). Here is how the segment sets up the debate, followed by links to the must-read pieces that provide five different answers to the question:

A U.S. district judge in Denver recently rejected a plea bargain in a child pornography case because the defendant had agreed to waive his right to appeal. The judge said such a deal would undermine the purpose of appellate courts. (He later accepted a plea bargain without that stipulation.)

False confessions

September 14, 2010 | The Law Office of Philip D. Cave

New York Times has this good short piece about false confessions.

New research shows how people who were apparently uninvolved in a crime could provide such a detailed account of what occurred, allowing prosecutors to claim that only the defendant could have committed the crime.

An article by Professor Garrett draws on trial transcripts, recorded confessions and other background materials to show how incriminating facts got into those confessions — by police introducing important facts about the case, whether intentionally or unintentionally, during the interrogation.