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50 Cal. W. L. Rev. 31 (2013-2014)
It's Not Just for Death Anymore: How Capital Mitigation Investigation Can Enhance Experiential Learning and Improve Advocacy in Law School Non-Capital Criminal Defense Clinics

handle is hein.journals/cwlr50 and id is 43 raw text is: IT'S NOT JUST FOR DEATH CASES ANYMORE: How CAPITAL
MITIGATION INVESTIGATION CAN ENHANCE
EXPERIENTIAL LEARNING AND IMPROVE ADVOCACY IN
LAW SCHOOL NON-CAPITAL CRIMINAL DEFENSE CLINICS
HUGH M. MUNDY*
INTRODUCTION
Within the last two decades, the total number of defendants facing
federal criminal charges has skyrocketed.'        In   1995, 54,980
defendants were charged in federal courts throughout the country.2
By 2011, that number nearly doubled to 101,149 defendants.3 Almost
90,000 defendants-about 90-percent of those charged-entered pleas
of guilty.4 Strikingly, only 274 defendants-less than one percent-
were acquitted after a jury trial.5 In many states, the percentages of
criminal defendants who pleaded guilty in 2011 are very similar to the
federal totals.6  In effect, the term  trial lawyer in the criminal
* Assistant Professor of Law, The John Marshall Law School. The author
expresses his gratitude to Sheida Ahmadzadeh, Jillian Berner, Barry Chenman, Jesse
Cheng, Gina DiCello, Olympia Duhart, Jillian Kassel, Lisa Lerman, Ashley
Madonia, David Patton, Ellen Podgor, Alison Siegler, Jay Steed, and his family for
their support, encouragement, and contributions to this article.
1. See   Judicial  Facts  and   Figures,  U.S.   COURTS    (2011),
http://www.uscourts.gov/uscourts/Statistics/JudicialFactsAndFigures/201 1/Table5O5
.pdf.
2. Id.
3. Id.
4. Id.
5. Id.
6. For instance, in Pennsylvania, county-by-county statistics reflect higher
percentages of guilty pleas than in federal courts. See PA. COMM'N ON SENTENCING,

31

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