Trials are rare but structure how nearly all cases get resolved

Evidence

Cases and trials. Most criminal cases, unlike the von Biilow case, are resolved without a trial, usually by the defendant pleading guilty following plea negotiations between the defense attorney and the prosecutor. (Most civil cases are likewise settled before trial.) Yet trials have an importance that far exceeds their number. — G. Alan Tarr, Judicial Process and Judicial…, 1255

Categorization

• XREF: Connects to the course’s treatment of plea bargaining and case attrition as the real workhorses of the criminal docket. — connects to: Trials shape outcomes even in cases that never reach trial. — G. Alan Tarr, Judicial Process and Judicial…, 789; Civil trials are anomalies in a system built to promote settlement — G. Alan Tarr, Judicial Process and Judicial…, 1195; Trial’s availability as a fallback shapes settlement bargaining in civil cases — G. Alan Tarr, Judicial Process and Judicial…, 2162 (+14 more)

Broader Connections

• Case negotiations occur in the shadow of the law set by trial outcomes #expands (1.00)
• Civil cases are typically settled in the shadow of potential trial #expands (1.00) — G. Alan Tarr, Judicial Process and Judicial…, 2161
• Civil settlements happen in the shadow of what a trial would produce #expands (1.00) — G. Alan Tarr, Judicial Process and Judicial…, 1045
• Rare outcomes and rare causes mean most cases occupy the irrelevant zone #complicates (0.95) — Gary Goertz, Social Science Concepts, 1307
• Most civil cases are settled rather than adjudicated through trial #corroborates (0.95) — G. Alan Tarr, Judicial Process and Judicial…, 1045
• Civil justice reform uniformly pushes settlement so trials become anomalous exceptions #corroborates (0.95) — G. Alan Tarr, Judicial Process and Judicial…, 2384
• Trials and appeals are rare exceptions to routine case disposition in U.S. courts #corroborates (0.90) — G. Alan Tarr, Judicial Process and Judicial…, 1601
• Trial structure biases juries toward the death penalty via ‘structural aggravation’ #complicates (0.90) — Albert Bandura, Moral Disengagement, 2004
• Trials resolve disputes over facts, over law, or over both #complicates (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 1275
• Effective trial advocacy rests on narrative persuasion rather than legal argument alone #complicates (0.85) — Tamara Lanier, From These Roots, 774
• Sustained investigation can harden rather than erode an advocate’s belief in their case #complicates (0.80) — , Harr Jonathan - A Civil Action, 1446
• Rare events justify mechanisms requiring many precise conditions #complicates (0.80) — Eric J. Heller, Why You Hear What You Hear- An…, 719
• Plea bargaining persists even when caseload and evidence cannot explain it #complicates (0.75) — G. Alan Tarr, Judicial Process and Judicial…, 1773
• Whether courts address problems at the opportune time is largely a matter of chance #complicates (0.70) — G. Alan Tarr, Judicial Process and Judicial…, 2852