Specific Performance of Unfulfillable Plea Bargains
This article discusses how courts have handled the remedy dilemma presented by unfulfillable plea bargains. Part I analyzes the seminal Supreme Court opinion on the broken plea bargain question, Santobello v. New York. This section concludes that choice-of-remedy is not entirely a matter of lower co...
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| Format: | Electronic Book |
| Language: | English |
| Published: |
1980
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| In: | Year: 1980 |
| Online Access: |
Volltext (kostenfrei) |
| Check availability: | HBZ Gateway |
| Summary: | This article discusses how courts have handled the remedy dilemma presented by unfulfillable plea bargains. Part I analyzes the seminal Supreme Court opinion on the broken plea bargain question, Santobello v. New York. This section concludes that choice-of-remedy is not entirely a matter of lower court discretion. Rather, Santobello delegates to lower courts the authority to develop a law of remedies which conforms to the underlying principles of that decision. Part I also focuses on what courts have done with this mandate, discussing the elements of decision courts have developed to remedy unfulfillable plea bargains. Finally, Part II suggests a model analysis, requiring a presumption of specific performance when the defendant can show detrimental reliance on the unfulfillable bargain |
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