Get out of Jail Free Testimony and Other Examples of Interest-Based Bargaining in the Criminal Justice System

Authors

Michael Rogers, Baylor Law School
Maria Garrett, Baylor Law School
Aaron Dekel, Baylor Law School

Abstract

If you do the crime, you must do the time. Well, upon reflection, maybe not always. In the O.J. Simpson Las Vegas robbery case, his accomplices (the "O.Js") who cooperated with the prosecutor following their arrests were all sentenced to probation. The crime of robbery, particularly aggravated robbery, usually results in a lengthy prison sentence. So, why not here? That is because a criminal's most valuable, tradable currency is information. And, in this case, the O.J.s furthered the prosecutor's interest of convicting the bigger fish, or the higher priority defendant, by providing information and testimony to materially assist in convicting O.J. Simpson. The prosecutor is generally far less concerned about the sentencing bargain the informant received. Here, they received a highly favorable exchange rate on their information currency.

Keywords

Criminal Law and Procedure, Plea Bargaining, Dispute Resolution

Disciplines

Criminal Law | Criminal Procedure | Dispute Resolution and Arbitration | Law

Recommended Citation

Michael Rogers, Maria Garrett & Aaron Dekel, Get out of Jail Free Testimony and Other Examples of Interest-Based Bargaining in the Criminal Justice System, 22 Cardozo J. Conflict Resol. 1 (2020).
Available at: https://larc.cardozo.yu.edu/cjcr/vol22/iss1/3