Two wrongs make a wrong: a challenge to plea bargaining and collateral consequence statutes through their integration.: An article from: Journal of Criminal Law and Criminology
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This digital document is an article from Journal of Criminal Law and Criminology, published by Northwestern University, School of Law on January 1, 2010. The length of the article is 15366 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available immediately after purchase. You can view it with any web browser.
From the author: This Comment is intended to illustrate the nature and the extent of the intersecting practices of plea bargaining and postconviction civil penalties. Furthermore, by embracing the contract-based approach to the theoretical justification of plea bargaining, this Comment argues that retroactive postconviction civil penalty statutes--in particular the most recently enacted federal sexual offender registration and notification law--should not survive a due process challenge and accordingly should not apply to plea-convicted defendants. At the very least, this Comment hopes to demonstrate that the individually debatable practices of plea bargaining and postconviction civil penalties have grown and interwoven to such an extent that, in light of the basic dictates of fairness and due process, the state has finally gone too far.
Citation Details
Title: Two wrongs make a wrong: a challenge to plea bargaining and collateral consequence statutes through their integration.
Author: Kevin O'Keefe
Publication:Journal of Criminal Law and Criminology (Magazine/Journal)
Date: January 1, 2010
Publisher: Northwestern University, School of Law
Volume: 100 Issue: 1 Page: 243(34)
Distributed by Gale, a part of Cengage Learning
From the author: This Comment is intended to illustrate the nature and the extent of the intersecting practices of plea bargaining and postconviction civil penalties. Furthermore, by embracing the contract-based approach to the theoretical justification of plea bargaining, this Comment argues that retroactive postconviction civil penalty statutes--in particular the most recently enacted federal sexual offender registration and notification law--should not survive a due process challenge and accordingly should not apply to plea-convicted defendants. At the very least, this Comment hopes to demonstrate that the individually debatable practices of plea bargaining and postconviction civil penalties have grown and interwoven to such an extent that, in light of the basic dictates of fairness and due process, the state has finally gone too far.
Citation Details
Title: Two wrongs make a wrong: a challenge to plea bargaining and collateral consequence statutes through their integration.
Author: Kevin O'Keefe
Publication:Journal of Criminal Law and Criminology (Magazine/Journal)
Date: January 1, 2010
Publisher: Northwestern University, School of Law
Volume: 100 Issue: 1 Page: 243(34)
Distributed by Gale, a part of Cengage Learning
