United States v. Flynn

Amicus Curiae Brief of the National Association of Criminal Defense Lawyers in Support of Defendant.

Brief filed: 06/09/2020

Documents

United States v. Flynn

D.D.C.; Case No. 1:17-cr-00232(EGS)

Argument(s)

The criminal justice system is a system of plea negotiations that gives prosecutors enormous leverage over criminal defendants. Defendants face a higher sentence if they go to trial, which drives many defendants to take a plea bargain. This “trial penalty” means that some innocent defendants plead guilty. Defendants who plead guilty while maintaining their innocence should not be subject to a sanction of criminal contempt for doing so. Prosecutors may have wholly laudable reasons to dismiss cases even after a plea, and courts should not chill such actions with the threat of a contempt sanction.

Coronavirus Resources

NACDL to Focus on Service and Support for Members, Clients, and Community Throughout Virus Emergency

Learn More

Author(s)

Jeffrey T. Green and Christopher S. Ross, Sidley Austin LLP, Washington, DC; David Oscar Markus, Markus/Moss PLLC, Miami, FL; Prof. Ricardo J. Bascuas, University of Miami School of Law, Coral Gables, FL.