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

Rogers, Michael, Garrett, Maria & Dekel, Aaron

Journal: Cardozo Journal of Conflict Resolution

Volume: 22

First Page: 1

Year: 2020

Bluebook Citation: 22 CARDOZO J. CONFLICT RESOL. 1 (2020)

Author: Michael Randall Rogers: all 5 publications


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.

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