The Mischief Of Plea Bargaining And Sentencing Rewards Arguments For And Against A Reduction In Sentence For A Guilty Plea
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The Mischief Of Plea Bargaining And Sentencing Rewards Arguments For And Against A Reduction In Sentence For A Guilty Plea
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Author : James Michael Corbett
language : en
Publisher: GRIN Verlag
Release Date : 2020-11-04
The Mischief Of Plea Bargaining And Sentencing Rewards Arguments For And Against A Reduction In Sentence For A Guilty Plea written by James Michael Corbett and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-04 with Law categories.
Academic Paper from the year 2012 in the subject Law - Criminal process, Criminology, Law Enforcement, grade: 2.1, City University London (The City law School), course: LLM Criminal Litigation, language: English, abstract: This essay will begin by critically examining the arguments both for and against the discount. In first considering the arguments in favour of the reduction it shall clearly set out the reasons in support of this and shall include an examination into the commentary from a range of different theorists, some of which are against the reduction and who criticise these arguments in favour. This critic will acknowledge these viewpoints and shall respond with reasoning to suggest that the arguments against the discount cannot stand. Thereafter it shall go on to evaluate the arguments not in favour of the discount and this will include a counter response, first in acknowledging the points raised, before then going on to examine what aspect of these arguments are taken issue with. After critically examining and evaluating the arguments for and against the discount the essay shall then go on to consider the potential solutions to dealing with a number of concerns the reduction presents and whether they are likely to work. The evaluation of these solutions shall then go on to consider the recommendation and will involve a presentation of discussion around the reforms that are intended to rectify the concerns. In English law a sentencing discount is awarded to the accused if they plead guilty to the crime they are charged with. The current award of around one third distinguishes those who admit to being in the wrong from those who continually deny their flaws.
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.
Defendant Participation In The Criminal Process
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Author : Abenaa Owusu- Bempah
language : en
Publisher: Taylor & Francis
Release Date : 2016-10-04
Defendant Participation In The Criminal Process written by Abenaa Owusu- Bempah and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-04 with Law categories.
Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant’s role as a participant in the criminal process and the ramifications of penalising a defendant’s non-cooperation, particularly its effect on the adversarial system. The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant’s duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.
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.
European Criminal Procedures
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Author : Mireille Delmas-Marty
language : en
Publisher: Cambridge University Press
Release Date : 2002-10-17
European Criminal Procedures written by Mireille Delmas-Marty and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-10-17 with Law categories.
Revised by Elena Ricci
Criminal Sentencing As Practical Wisdom
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Author : Graeme Brown
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-06-01
Criminal Sentencing As Practical Wisdom written by Graeme Brown and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-01 with Law categories.
How do judges sentence? In particular, how important is judicial discretion in sentencing? Sentencing guidelines are often said to promote consistency, but is consistency in sentencing achievable or even desirable? Whilst the passing of a sentence is arguably the most public stage of the criminal justice process, there have been few attempts to examine judicial perceptions of, and attitudes towards, the sentencing process. Through interviews with Scottish judges and by presenting a comprehensive review and analysis of recent scholarship on sentencing – including a comparative study of UK, Irish and Commonwealth sentencing jurisprudence – this book explores these issues to present a systematic theory of sentencing. Through an integration of the concept of equity as particularised justice, the Aristotelian concept of phronesis (or 'practical wisdom'), the concept of value pluralism, and the focus of appellate courts throughout the Commonwealth on sentencing by way of 'instinctive synthesis', it is argued that judicial sentencing methodology is best viewed in terms of a phronetic synthesis of the relevant facts and circumstances of the particular case. The author concludes that sentencing is best conceptualised as a form of case-orientated, concrete and intuitive decision making; one that seeks individualisation through judicial recognition of the profoundly contextualised nature of the process.
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.
Australian Cartel Regulation
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Author : Caron Beaton-Wells
language : en
Publisher: Cambridge University Press
Release Date : 2011-04-25
Australian Cartel Regulation written by Caron Beaton-Wells and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-25 with Law categories.
Cartel regulation is a prime element of competition policy and an essential means of minimising the adverse effects of cartel activity on economic welfare. However, effective cartel regulation poses distinct challenges for governments, competition authorities and commentators across the globe. In Australian Cartel Regulation, leading competition law experts Caron Beaton-Wells and Brent Fisse reflect on developments in anti-cartel law in Australia over the last 30 years. They provide a comprehensive account of the current law on cartels as well as discussing key issues that may arise in the future. This definitive volume not only identifies the practical and theoretical issues, but also recommends workable solutions, and does so with the benefit of comparative analysis of the anti-cartel laws of major overseas jurisdictions. Many of the issues identified and discussed in Australian Cartel Regulation are common to any scheme designed to regulate cartel conduct.
Accountability For International Humanitarian Law Violations The Case Of Rwanda And East Timor
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Author : Mohamed Othman
language : en
Publisher: Springer Science & Business Media
Release Date : 2005-12-10
Accountability For International Humanitarian Law Violations The Case Of Rwanda And East Timor written by Mohamed Othman and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-12-10 with Law categories.
The book is a critical review of accountability conducted under the authority of the United Nations Security Council, by the International Criminal Tribunal for Rwanda (ICTR), and the United Nations Transitional Administration in East Timor (UNTAET). It is centred on two case studies: the 1999 events in Rwanda, and the 1999 mayhem in East Timor. The books subjects to testing cross-examination tools to hold accountable persons with „the greatest responsibility" for serious international humanitarian law violations.
Plea Bargaining
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Author : William M. Rhodes
language : en
Publisher:
Release Date : 1978
Plea Bargaining written by William M. Rhodes and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Plea bargaining categories.