Plea Bargaining And Agreement In The Criminal Process
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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 In National And International Law
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Author : Regina Rauxloh
language : en
Publisher: Routledge
Release Date : 2012
Plea Bargaining In National And International Law written by Regina Rauxloh and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
The book sets out in-depth studies of consensual case dispositions in the UK, examining how plea bargaining has developed and spread in England and Wales. It also goes on to discusses in detail the problems that this practise poses for the rule of law by avoiding procedural safe-guards. The book draws on empirical research in its examination of the absence of informal settlements in the former GDR, offering a unique insight into criminal procedure in a socialist legal system that has been little studied.
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.
An Appraisal Of Plea Bargaining Under Nigeria Criminal Justice System
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Author : ROSEBELLS UVIOVO
language : en
Publisher: Lulu.com
Release Date : 2019-12-18
An Appraisal Of Plea Bargaining Under Nigeria Criminal Justice System written by ROSEBELLS UVIOVO and has been published by Lulu.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-18 with Law categories.
The book examined the concept of plea bargaining under the Nigeria criminal justice system. Plea begins as practiced today in Nigeria was not known or provided for in any Nigeria statues before the Economic and Financial crimes commission was established through the provision of section 1 of the Economic and Financial crimes commission (Establishment) Acts, 2004. Plea bargain was only seen for the first time after the establishment of the commission in 2004 under the administration of Chief Olusegun Obasenjo as the president of Nigeria. The application of plea bargain by the Economic and Financial Crime commission is usually based on the provision of section 14(2) of the enabling law that gives the Commission power to compound any offence punishable under the act of accepting the sum of money.
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
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.
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.
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.
Simplification Of Criminal Procedure
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Author : South African Law Commission
language : en
Publisher:
Release Date : 2000
Simplification Of Criminal Procedure written by South African Law Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Criminal procedure categories.
Plea Bargaining Third Edition
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Author : G. Nicholas Herman
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2012-02-01
Plea Bargaining Third Edition written by G. Nicholas Herman and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-01 with Plea bargaining categories.
Plea Bargaining -- the only comprehensive, fully up-to-date reference on the subject -- teaches you how to negotiate the best deal. It discusses the nature, types and goals of plea bargaining, and treats in detail a wide variety of styles and strategies. Attorneys on both sides of the aisle know that effective plea bargaining is both an art and a science. You'll find extensive analysis of plea bargaining in the federal courts, the process of negotiating with the U.S. Attorney under the U.S. Sentencing Guidelines, as well as the plea policies of the Department of Justice contained in the United States Attorney’s Manual and the Principles of Federal Prosecution. Other pertinent standards and rules such as the ABA Standards for Criminal Justice, National District Attorneys Association Prosecution Standards and the ABA Model Rules of Professional Conduct are also discussed.