Tag: criminal procedure

Plea Bargaining in Washington

Plea bargaining is a process of negotiation in which the prosecutor offers the defendant certain concessions in exchange for a plea of guilty. Such a plea is a formal admission … Read More

Compensatory Pretrial Detention

Our traditional nationwide system of bail for pretrial release has been the recent target of numerous attacks. As a result there have been many proposed and actual reforms attempting to … Read More

The Originalist Case for the Fourth Amendment Exclusionary Rule

The Fourth Amendment exclusionary rule has been the law of the land in all federal jurisdictions since 19141 and in all state jurisdictions since 1961. Yet critics continue to question the rule’s constitutional pedigree. Generations of conservative jurists and scholars have called for the rule’s abolition on “originalist” grounds. These scholars argue that the rule is of recent vintage, unsupported in the Fourth Amendment’s text, and disloyal to the Amendment’s original intent. In this paper, the author argues that exclusion is actually an ancient remedy, widely applied by courts in various contexts since the dawn of American history. … Read More