Shadow of the law

The shadow of the law refers to settling cases or making plea bargains in a way that takes into account what would happen at trial. It has been argued that criminal trials resolve such a small percentage of criminal cases "that their shadows are faint and hard to discern."[1]

The origin of this term seems to originate with Robert H. Mnookin and Lewis Kornhauser, Bargaining in the Shadow of the Law: The Case of Divorce, The Yale Law Journal, Vol. 88, No. 5, Dispute Resolution (Apr., 1979), pp. 950-997 https://www.jstor.org/stable/795824?seq=1#page_scan_tab_contents

References

  1. ↑ Stephanos Bibas (Jun 2004), Plea Bargaining outside the Shadow of Trial, 117 (8), Harvard Law Review, pp. 2463–2547
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