Jury Trials And Plea Bargaining
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Jury Trials And Plea Bargaining
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Author : Mike McConville
language : en
Publisher: Hart Publishing
Release Date : 2005-03-31
Jury Trials And Plea Bargaining written by Mike McConville and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-03-31 with Law categories.
"The study is based upon detailed empirical analysis of original prosecution case files, court reports and statistical data in the leading criminal trial court in New York City between 1800 and 1865"--Preface.
Plea Bargaining Across Borders
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Author : Jenia I. Turner
language : en
Publisher:
Release Date : 2009
Plea Bargaining Across Borders written by Jenia I. Turner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
Traditions of plea bargaining : the United States -- Informal bargaining : Germany -- Introducing plea bargaining as part of comprehensive legal reform : Russia and Bulgaria -- Alternatives to plea bargaining : China and Japan -- Plea bargaining at international criminal courts
Punishment Without Trial
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Author : Carissa Byrne Hessick
language : en
Publisher: Abrams
Release Date : 2021-10-12
Punishment Without Trial written by Carissa Byrne Hessick and has been published by Abrams this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-12 with Law categories.
From a prominent criminal law professor, a provocative and timely exploration of how plea bargaining prevents true criminal justice reform and how we can fix it—now in paperback When Americans think of the criminal justice system, the image that comes to mind is a trial-a standard courtroom scene with a defendant, attorneys, a judge, and most important, a jury. It's a fair assumption. The right to a trial by jury is enshrined in both the body of the Constitution and the Bill of Rights. It's supposed to be the foundation that undergirds our entire justice system. But in Punishment Without Trial: Why Plea Bargaining Is a Bad Deal, University of North Carolina law professor Carissa Byrne Hessick shows that the popular conception of a jury trial couldn't be further from reality. That bedrock constitutional right has all but disappeared thanks to the unstoppable march of plea bargaining, which began to take hold during Prohibition and has skyrocketed since 1971, when it was affirmed as constitutional by the Supreme Court. Nearly every aspect of our criminal justice system encourages defendants-whether they're innocent or guilty-to take a plea deal. Punishment Without Trial showcases how plea bargaining has undermined justice at every turn and across socioeconomic and racial divides. It forces the hand of lawyers, judges, and defendants, turning our legal system into a ruthlessly efficient mass incarceration machine that is dogging our jails and punishing citizens because it's the path of least resistance. Professor Hessick makes the case against plea bargaining as she illustrates how it has damaged our justice system while presenting an innovative set of reforms for how we can fix it. An impassioned, urgent argument about the future of criminal justice reform, Punishment Without Trial will change the way you view the criminal justice system.
Plea Bargaining Or Trial
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Author : Lynn M. Mather
language : en
Publisher: Free Press
Release Date : 1979
Plea Bargaining Or Trial written by Lynn M. Mather and has been published by Free Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Law categories.
Adult felony cases in the central district of the Los Angeles County Superior Court.
Plea Bargaining
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Author : Marvin Marcus
language : en
Publisher:
Release Date : 1976
Plea Bargaining written by Marvin Marcus and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976 with Government publications categories.
Research Handbook On Plea Bargaining And Criminal Justice
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Author : Máximo Langer
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-04-12
Research Handbook On Plea Bargaining And Criminal Justice written by Máximo Langer and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-12 with Law categories.
Bringing together established and emerging scholars from around the world, the Research Handbook on Plea Bargaining and Criminal Justice examines the practice of plea bargaining, through which guilty pleas are secured and trials are avoided.
Plea Bargaining And Agreement In The Criminal Process
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Author : Matthias Boll
language : en
Publisher: Diplomica Verlag
Release Date : 2009-04
Plea Bargaining And Agreement In The Criminal Process written by Matthias Boll and has been published by Diplomica Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04 with Law categories.
Die regelm ige Abk rzung und Vereinfachung eines Strafprozesses durch ein Gest ndnis des Angeklagten, das durch einen zuvor ausgehandelten Strafnachlass angeregt wird, birgt verf hrerische Chancen und t ckische Risiken f r einen Rechtsstaat. Hierzu werden die reichhaltigen Erfahrungen im angels chsischen Strafprozess dargestellt, in dem das Schuldbekenntnis des Angeklagten gegen ber einer aufwendigen Beweisf hrung vor einer Jury von Geschworenen l ngst den Regelfall und nicht mehr die Ausnahme der Prozesserledigung darstellt. Insbesondere wird die (irreversible?) Eigendynamik beleuchtet, die sich mit der Etablierung dieser Prozessgestaltung in Australien, England und den USA entwickelt hat. Diese Erkenntnisse werden mit Blick auf den deutschen Strafprozess, der in j ngerer Zeit eine zunehmende Absprachepraxis erf hrt, einer kritischen W rdigung unterzogen. The regular shortening and easement of a criminal trial by a plea of guilty of the defendant induced by a bargained sentence discount implies seductive chances and tricky risks as measured by the rule of law. For this it is drawn from the comprehensive experiences in the Anglo-Saxon criminal process, where a plea of guilty has become the rule and no more the exception for the handling of criminal trials. A special focus is laid on the (irreversible?) momentum which has come along with the establishment of this practice in Australia, the UK and the USA. These findings are scrutinized with regard to the increasing practice of agreements in the German criminal trial.
Plea Bargaining And Guilty Pleas
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Author : James Edward Bond
language : en
Publisher:
Release Date : 1981
Plea Bargaining And Guilty Pleas written by James Edward Bond and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981 with Law categories.
Pleading Out
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Author : Dan Canon
language : en
Publisher: Hachette UK
Release Date : 2022-03-08
Pleading Out written by Dan Canon and has been published by Hachette UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-08 with Law categories.
A blistering critique of America’s assembly-line approach to criminal justice and the shameful practice at its core: the plea bargain Most Americans believe that the jury trial is the backbone of our criminal justice system. But in fact, the vast majority of cases never make it to trial: almost all criminal convictions are the result of a plea bargain, a deal made entirely out of the public eye. Law professor and civil rights lawyer Dan Canon argues that plea bargaining may swiftly dispose of cases, but it also fuels an unjust system. This practice produces a massive underclass of people who are restricted from voting, working, and otherwise participating in society. And while innocent people plead guilty to crimes they did not commit in exchange for lesser sentences, the truly guilty can get away with murder. With heart-wrenching stories, fierce urgency, and an insider’s perspective, Pleading Out exposes the ugly truth about what’s wrong with America’s criminal justice system today—and offers a prescription for meaningful change.
The Ethics Of Plea Bargaining
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Author : Richard L. Lippke
language : en
Publisher:
Release Date : 2011
The Ethics Of Plea Bargaining written by Richard L. Lippke and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
The practice of plea bargaining plays a hugely significant role in the adjudication of criminal charges and has provoked intense debate about its legitimacy. This book offers the first full-length philosophical analysis of the ethics of plea bargaining. It develops a sustained argument for restrained forms of the practice and against the free-wheeling versions that predominate in the United States. In countries that have endorsed plea bargains, such as the United States, upwards of ninety percent of criminal defendants plead guilty rather than go to trial. Yet trials, which grant a presumption of innocence to defendants and place a substantial burden of proof on the state to establish guilt, are widely regarded as the most appropriate mechanisms for fairly and accurately assigning criminal sanctions. How is it that many countries have abandoned the formal rules and rigorous standards of public trials in favor of informal and veiled negotiations between state officials and criminal defendants concerning the punishment to which the latter will be subjected? More importantly, how persuasive are the myriad justifications that have been provided for plea bargaining? These are the questions addressed in this book. Examining the legal processes by which individuals are moved through the criminal justice system, the fairness of those processes, and the ways in which they reproduce social inequality, this book offers an ethical argument for restrained forms of plea bargaining. It also provides a comparison between the different plea bargaining regimes that exist within the US, where it is well-established, England and Wales, where the practice is coming under considerable critique, and the European Union, where debate continues on whether it coheres with inquisitorial legal regimes. It suggests that rewards for admitting guilt are distinguished from penalties for exercising the right to trial, and argues for modest, fixed sentence reductions for defendants who admit their guilt. These suggestions for reform include discouraging the current practice of deliberate over-charging by prosecutors and charge bargaining, and require judges to scrutinize more closely the evidence against those accused of crimes before any guilty pleas are entered by them. Arguing that the negotiation of charges and sentences should remain the exception, not the rule, it nevertheless puts forward a normative defense for the reform and retention of the plea bargaining system.