Lack of judicial discretion underlies problem of liar’s pleas: Jay Milano (Opinion)

The following is an excerpt from an opinion piece published at on on January 31, 2016.

The “truthful plea agreements” editorial published on Jan. 11 highlighted a real problem in criminal justice.

How do you handle a case when both sides fear that they will lose? What if a defendant maintains his innocence, but faces a trial that may cost him his freedom — for life? What if a prosecutor has a credible accusation — but not enough evidence?

Over the years, judges and lawyers have invented a way to cope. They invented a fiction.

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