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"Shadows" Cast By Jury Trial Rights on Federal Plea Bargaining Outcomes
American Criminal Law Review  (IF3.455),  Pub Date : 2020-12-01, DOI:
Andrew Delaplane

In this Note, I argue that the spirit of the Sixth Amendment right to a jury trial has been lost for plea bargaining federal defendants in our “system of pleas.” But this does not have to be the case. A theory of criminal procedure focused on the right to a jury trial is not necessarily out of date. Robust jury trial rights could conceptually cast shadows on the plea bargaining process. This Note does not purport to have an answer to how the spirit and purpose of the Sixth Amendment rightshouldapply to a system of pleas. It does, however, take an important first step by demonstrating the conflict between the spirit of the jury trial right and its application to plea bargaining.