Trials shape outcomes even in cases that never reach trial.

Evidence

In addition, both criminal and civil trials have an effect on those cases resolved without trial. Trials provide a baseline, a point of reference for resolving cases without trial. In plea bargaining, the negotiations of prosecutor and defense attorney are influenced by the punishment an offender would be likely to receive if the case were to go to trial. In civil cases the willingness of the plaintiff and the defendant to settle often depends on their perception of how they would fare if the case went to trial. Thus, even when cases are settled without trial, the negotiations take place in the shadow of the law. — G. Alan Tarr, Judicial Process and Judicial…, 789

Categorization

• XREF: Connects to the ‘shadow of the law’ concept and plea bargaining literature studied in legal institutions courses; resonates with dispute-resolution scholarship on negotiation under legal rules. — connects to: Trials are rare but structure how nearly all cases get resolved — G. Alan Tarr, Judicial Process and Judicial…, 1255; One side’s refusal to follow jury-selection research can shape a trial’s outcome — G. Alan Tarr, Judicial Process and Judicial…, 835; Settlement terms are shaped by predictions about trial outcomes — Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 362 (+3 more)
• DEFINE: Introduces the ‘shadow of the law’ idea — that settlement and plea negotiations are structured by the expected trial outcome.

Broader Connections

• Trials are rare but structure how nearly all cases get resolved #corroborates (0.96) — G. Alan Tarr, Judicial Process and Judicial…, 1255
• Trial’s availability as a fallback shapes settlement bargaining in civil cases #expands (0.90) — G. Alan Tarr, Judicial Process and Judicial…, 2162
• Case negotiations occur in the shadow of the law set by trial outcomes #corroborates (0.90)
• Settlement terms are shaped by predictions about trial outcomes #expands (0.88) — Lawrence M. Friedman and Grant M. Hayden, American Law, 362
• Trials and appeals are rare exceptions to routine case disposition in U.S. courts #corroborates (0.82) — G. Alan Tarr, Judicial Process and Judicial…, 1601
• One side’s refusal to follow jury-selection research can shape a trial’s outcome #exemplifies (0.72) — G. Alan Tarr, Judicial Process and Judicial…, 835