Shadow of the law

The shadow of the law refers to settling cases or making plea bargains in a way that takes into account what would happen at trial. It has been argued that criminal trials resolve such a small percentage of criminal cases "that their shadows are faint and hard to discern."[1]

References

  1. Stephanos Bibas (Jun 2004), Plea Bargaining outside the Shadow of Trial 117 (8), Harvard Law Review, pp. 2463–2547
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