This note first discusses the facts and proceedings in Milligan. Next, it explores the history and importance of plea-bargaining in the United States and how mediation has slowly become a part of criminal proceedings. Next, this note examines the Milligan court's reasoning for upholding the mediation plea bargain at issue in that case, in light of the legal landscape concerning ADR and the criminal justice system. Finally, this note argues in favor of using case-management mediation in criminal plea negotiations, and explores the proper methods and procedures to make these mediations successful.
Taylor C. Leonard,
Pressure to Plead: How Case-Management Mediation Will Alter Criminal Plea-Bargaining,
2014 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2014/iss1/10