Negotiating Responsibility In The Criminal Justice System
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Negotiating Responsibility In The Criminal Justice System
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Author : Jack B. Kamerman
language : en
Publisher: SIU Press
Release Date : 1998
Negotiating Responsibility In The Criminal Justice System written by Jack B. Kamerman and has been published by SIU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
With this collection of essays, Jack Kamerman presents the first sustained examination of one of the underpinnings of the operation of the criminal justice system: the issue of responsibility for actions and, as a consequence, the issue of accountability. Unique in the breadth of its approach, this volume examines the issue of responsibility from the perspectives of criminal justice professionals, sociologists, philosophers, and public administrators from four countries. Attacking the problem on various levels, the essayists look first at the assumptions made by criminal justice institutions regarding offender responsibility, then turn to the views of offenders on the causes of their own actions and to the consequences of offenders either accepting or denying responsibility. These scholars also examine the social and psychological circumstances under which people in general accept or deny responsibility for what they do, thus providing the basis for understanding the process of social distance as a major precondition for people to commit atrocities without seeing themselves as responsible. Understanding the circumstances under which people either distance themselves from or embrace responsibility enables criminologists to make grounded recommendations for reordering responsibility in the criminal justice system and, more generally, for restoring a sense of responsibility to organizations, occupations, and society. The substantive vehicle for this analysis of accountability and responsibility is the relationship between criminal justice institutions and the offenders who are under institutional control. Aside from Kamerman, the contributors are William C. Collins, Charles Fethe,Gilbert Geis, Robert J. Kelly, Alison Liebling, Jess Maghan, Mark Harrison Moore, Paul Neurath, John Rakis, William Rentzmann, and Jose E. Sanchez.
Negotiating Responsibility
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Author : Kimberley White
language : en
Publisher: UBC Press
Release Date : 2007-11-02
Negotiating Responsibility written by Kimberley White and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-11-02 with Social Science categories.
The meaning of criminal responsibility emerged in early- to mid-twentieth-century Canadian capital murder cases through a complex synthesis of socio-cultural, medical, and legal processes. Kimberley White places the negotiable concept of responsibility at the centre of her interdisciplinary inquiry, rather than the more fixed legal concepts of insanity or guilt. In doing so she brings subtlety to more general arguments about the historical relationship between law and psychiatry, the insanity defence, and the role of psychiatric expertise in criminal law cases. Through capital murder case files, White examines how the idea of criminal responsibility was produced, organized, and legitimized in and through institutional structures such as remissions, trial, and post-trial procedures; identity politics of race, character, citizenship, and gender; and overlapping narratives of mind-state and capacity. In particular, she points to the subtle but deeply influential ways in which common sense about crime, punishment, criminality, and human nature shaped the boundaries of expert knowledge at every stage of the judicial process. Negotiating Responsibility fills a void in Western socio-legal history scholarship and provides an essential point of reference from which to evaluate current criminal law practices and law reform initiatives in Canada.
Victims And Plea Negotiations
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Author : Arie Freiberg
language : en
Publisher: Springer Nature
Release Date : 2020-11-02
Victims And Plea Negotiations written by Arie Freiberg and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-02 with Social Science categories.
This book explores victims’ views of plea negotiations and the level of input that they desire. It draws on the empirical findings of the first in-depth study of victims and plea negotiations conducted in Australia. Over the last 50 years, the criminal justice system has seen major changes in both the role that victims play in the justice process and in how the vast majority of criminal cases are finalised. Guilty pleas have become the norm, and many of these result from negotiations between the prosecutor and the defence. The extent to which the victim is one of the participating parties in plea negotiations however, is a question of law and of practice. Drawing from focus groups and surveys with victims of crime, Victims and Plea Negotiations seeks to privilege victims’ voices and lived experiences of plea negotiations, to present their perspectives on five options for enhanced participation in this legal process. This book appeals to academics and students in the areas of law, criminology, sociology, victimology and legal studies, those who practice in the criminal justice system generally, those who work with victims, and policy makers.
Negotiating Responsibility In The Criminal Justice System
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Author : Jack B. Kamerman
language : en
Publisher: SIU Press
Release Date : 1998
Negotiating Responsibility In The Criminal Justice System written by Jack B. Kamerman and has been published by SIU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
With this collection of essays, Jack Kamerman presents the first sustained examination of one of the underpinnings of the operation of the criminal justice system: the issue of responsibility for actions and, as a consequence, the issue of accountability.
Confronting Underground Justice
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Author : William R. Kelly
language : en
Publisher: Rowman & Littlefield
Release Date : 2018-10-29
Confronting Underground Justice written by William R. Kelly and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-29 with Law categories.
Plea negotiation is rife with due process concerns, including a heightened risk of coerced pleas, ignoring mens rea, serious questions about assistance of counsel, limited discovery and little litigation of the evidence, the conviction of innocent defendants and significant questions about fairness and equity. Plea negotiation is also the fast track to criminal conviction, tough punishment, and mass incarceration. From the perspective of public policy, plea negotiation perpetuates a harm based, retribution focused system of crime and punishment. Because of the failures of public health, the justice system has become a dumping ground for hundreds of thousands of mentally ill, substance addicted and abusing, and neurocognitively impaired offenders. And because of a tough on crime mentality and lack of information and options, the justice system routinely prosecutes and punishes these offenders. The evidence is quite clear that punishment does nothing to improve these circumstances and often exacerbates them. The result, as one would predict, is extraordinarily high rates of reoffending, propelling the revolving door of the justice system. Confronting Underground Justice takes a close look at plea negotiation, criminal prosecution, public defense, and pretrial justice systems and identifies a wide variety of problems and concerns with each. William R. Kelly and Robert Pitman provide key decision makers with the tools to make better, more informed decisions regarding pre-trial detention, prosecution and plea deals, criminal defense, and diversion to treatment. Critical to this effort is redefining roles, responsibilities and the culture of criminal justice by prosecutors, judges and defense counsel accepting responsibility for reducing recidivism and embracing problem solving as a primary decision making strategy. Kelly and Pitman combine decades of academic research and policy expertise, with real world experience in the court system, as a judge and prosecutor to develop innovative and comprehensive reform. Confronting Underground Justice provides a prescriptive roadmap for how to fundamentally reinvent plea negotiation, pre-trial decision making, criminal prosecution and public defense to effectively reduce recidivism and save money.
Negotiating Domestic Violence
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Author : Carolyn Hoyle
language : en
Publisher:
Release Date : 1998
Negotiating Domestic Violence written by Carolyn Hoyle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Family & Relationships categories.
This book examines the factors which shape the criminal justice response to domestic violence in the light of policy changes at the beginning of the 1990s which aimed to increase arrest rates. In particular, the book discusses the needs and expectations of victims and examines how their choices impact on decisions made by police and prosecutors. Many books on the criminal justice response to domestic violence start from the premise that withdrawal of complaints by victims and the subsequent discontinuance of cases, represents some kind of failure on the part of the agencies involved and that victims would benefit from greater determination by police to prosecute offenders wherever possible. Implicit in this approach is the assumption that the criminal justice system as it presently operates is capable of responding effectively to the needs of victims of domestic violence. This book throws doubt on the validity of these assumptions.
Negotiated Justice And Corporate Crime
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Author : Colin King
language : en
Publisher: Springer
Release Date : 2018-05-21
Negotiated Justice And Corporate Crime written by Colin King and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-21 with Social Science categories.
This book argues that there is a strong normative argument for using the criminal law as a primary response to corporate crime. In practice, however, corporate crimes are rarely dealt with through criminal sanctioning mechanisms. Rather, the preference – for both prosecutors and corporates – appears to be on negotiating out of the criminal process. Reflecting this emphasis on negotiation, this book examines the use of Civil Recovery Orders and Deferred Prosecution Agreements as responses to corporate crime, and discusses a variety of UK case studies. Drawing upon legal and criminological backgrounds, and with an emphasis on the conceptual frameworks of ‘negotiated justice’ and ‘legitimacy’, the authors examine the law, policy and practice of these enforcement responses. They offer an original, theoretically-informed analysis which is accessible to practitioners and researchers.
Negotiation And Conflict Resolution In Criminal Practice
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Author : Rebecca Jaremko Bromwich
language : en
Publisher: Canadian Scholars
Release Date : 2019-11-26
Negotiation And Conflict Resolution In Criminal Practice written by Rebecca Jaremko Bromwich and has been published by Canadian Scholars this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-26 with Social Science categories.
Lawyers, Crown counsels, district attorneys, and paralegals are often tasked with managing negotiation and conflict resolution in the courtroom; however, very little theory or literature surrounding this specialization exists. This handbook effectively closes these gaps and extensively discusses theories of negotiation and conflict resolution in criminal practice. Part one discusses communicating effectively and appropriately with clients, court staff, and opposing counsel by identifying and establishing cultural competence, rapport, and nonverbal cues. Part two identifies alternative processes in negotiation and conflict resolution including victim-offender mediation and retroactive justice, while part three covers career development in areas such as managing challenging clients and developing strategies for dealing with high-stress scenarios. This ground-breaking resource is well suited to students in a wide variety of courses that specialize in negotiation and conflict resolution including criminal justice, law, paralegal, police studies, or criminology.
Corporations And Criminal Responsibility
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Author : Celia Wells
language : en
Publisher: OUP Oxford
Release Date : 2001-05-24
Corporations And Criminal Responsibility written by Celia Wells and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-05-24 with Law categories.
Contemporary concern about technological hazards posed by business enterprises has intensified interest in the criminality of corporations. Incorporating ideas from a wide range of literature, the book argues that there is no magic answer to corporate power, to issues of personal safety and their inter-relationship with criminal law and justice. The attention paid to corporate criminal liability by courts, legislatures, law reform bodies and international organizations has increased markedly in the past decade. As in the first edition, the book takes what might be called a panoptic approach to the subject. Corporations and their susceptibility to criminal law are examined from sociological, psychological, philosophical and organizational perspectives as the book progresses. This edition has been revised and updated to take account of the burgeoning scholarly literature. Detailed analysis of judicial and legislative movements in England and Wales, in other national jurisdictions and at the level of international organizations follows. Two new chapters, on corporate manslaughter and on comparative and international responses to corporate crime, accommodate these changes. The book is distinctive in combining legal analysis and discussion of law reform debates with a theoretical account of the relationship between legal institutions and the role of risk and blame in shaping criminal law and the practices of the criminal justice system.
Plea Bargaining
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Author : Milton Heumann
language : en
Publisher: University of Chicago Press
Release Date : 1981-08-15
Plea Bargaining written by Milton Heumann and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981-08-15 with Political Science categories.
"That relatively few criminal cases in this country are resolved by full Perry Mason-style strials is fairly common knowledge. Most cases are settled by a guilty plea after some form of negotiation over the charge or sentence. But why? The standard explanation is case pressure: the enormous volume of criminal cases, to be processed with limited staff, time and resources. . . . But a large body of new empirical research now demands that we re-examine plea negotiation. Milton Heumann's book, Plea Bargaining, strongly and explicitly attacks the case-pressure argument and suggests an alternative explanation for plea bargaining based on the adaptation of attorneys and judges to the local criminal court. The book is a significant and welcome addition to the literature. Heumann's investigation of case pressure and plea negotiation demonstrates solid research and careful analysis."—Michigan Law Review