World Plea Bargaining
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World Plea Bargaining
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Author : Stephen Thaman
language : en
Publisher:
Release Date : 2010
World Plea Bargaining written by Stephen Thaman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Courts categories.
The full-blown trial with its guarantees of presumption of innocence, due process, and constitutional evidence is no longer affordable. With the rise in crime and the more cost-, and labor-intensive procedures required by modern notions of due process, legislatures and courts around the world are gradually giving priority to the principle of procedural economy and introducing forms of consensual and abbreviated criminal procedure to deal with overloaded dockets. This book, which combines chapters from distinct countries which were originally written for the XVII Congress of the International Academy of Comparative Law in Utrecht, The Netherlands, in July 2006, also includes theoretical contributions by Mirjan Damaska on the role of plea bargaining in the international criminal tribunals and Maximo Langer on the "Americanization" of world criminal procedure and the "translation" of American plea bargaining into the legal language of inquisitorial legal systems. The book concludes with the editor's comprehensive analysis of the typologies of plea bargaining and their historical and doctrinal roots.
Plea Negotiations
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Author : Asher Flynn
language : en
Publisher: Springer
Release Date : 2018-07-24
Plea Negotiations written by Asher Flynn and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-24 with Social Science categories.
Despite a popular view that trials are the focal point of the criminal justice process, in reality, the most frequent way a criminal matter resolves is not through a fiercely fought battle between state and defendant, but instead through a process of negotiation between the prosecution and defence, resulting in a defendant pleading guilty in exchange for agreed concessions from the prosecution. This book presents an original empirical case-study of plea negotiations drawing upon interviews with legal actors and an analysis of defence practitioner case files, to shine light on the processes and ways in which an agreed outcome is reached in criminal prosecutions, within the setting of a jurisdiction, like many others world-wide, which is suffering major shifts in state resources. Plea negotiations, also referred to as “plea bargaining”, “negotiated guilty pleas” and “negotiated resolutions” are neither an alloyed benefit nor a detriment for defendants, victims or the criminal justice system generally, and like all compromises, this book shows how the perfect “justice” outcome gives way to the good, or just the reasonably acceptable justice outcome.
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.
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.
Inside Plea Bargaining
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Author : D.W. Maynard
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-06-29
Inside Plea Bargaining written by D.W. Maynard 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 2013-06-29 with Philosophy categories.
Negotiation is a ubiquitous part of social life. Some even say that social order itself is a negotiated phenomenon. Yet the study of negotiation as an actual discourse activity, occurring between people who have substantial interests and tasks in the real social world, is in its infancy. This is the more surprising because plea bargaining, as a specific form of negotiation, has recently been the center of an enormous amount of research attention. Much of the concern has been directed to basic ques tions of justice, such as how fair the process is, whether it is unduly coercive, and whether it accurately separates the guilty from the innocent. A study such as mine does not try to answer these sorts of questions. I believe that we are not in a position to answer them until we approach plea bargaining on its own complex terms. Previous studies that have attempted to provide a general picture of the process as a way to assess its degree of justness have neglected the specific skills by which prac titioners bargain and negotiate, the particular procedures through which various surface features such as character assessment are accomplished, and concrete ways in which justice is administered and, simultaneously, caseloads are managed.
The Adversarial And Inquisitorial Models In A Globalized World
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Author : Máximo Langer
language : en
Publisher:
Release Date : 2006
The Adversarial And Inquisitorial Models In A Globalized World written by Máximo Langer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Criminal procedure categories.
Coercion To Compromise
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Author : Mary E. Vogel
language : en
Publisher:
Release Date : 2007
Coercion To Compromise written by Mary E. Vogel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Plea bargaining categories.
Plea bargaining is one of the most striking features of American courts. The vast majority of criminal convictions today are produced through bargained pleas. Where does the practice come from? Whose interests does it serve? Often plea bargaining is imagined as a corruption of the court during the post-World War II years, paradoxically rewarding those who appear guilty rather than those claiming innocence. Yet, as Mary Vogel argues in this pathbreaking history, plea bargaining's roots are deeper and more distinctly American than is commonly supposed. During the Age of Jackson, amidst crime and violence wrought by social change, the courts stepped forward as agents of the state to promote the social order. Plea bargaining arose during the 1830s and 1840s as part of this process of political stabilization and an effort to legitimate institutions of self-rule--accomplishments that were vital to Whig efforts to restore order and reconsolidate their political power. To this end, the tradition of episodic leniency from British common law was recrafted into a new cultural form--plea bargaining--that drew conflicts into the courts while maintaining elite discretion over sentencing policy. In its reliance on the mechanism of leniency, the courts were attempting a sort of social "triage"--sorting those who could be reclaimed as industrious and productive citizens from marginals and transients. The "worthy" often paid fines and were returned to their community under the watchful eyes of their intercessors and that most powerful web of social control, that of everyday life. Created during a period of social mobility, plea bargaining presumed that those with much to lose through conviction would embrace individual reform. Today, when many defendants who come before the court have much less in the way of prospects to lose, leniency may be more likely to be regarded with cynicism, as an act of weakness by the state, and plea bargaining may grow more problematic.
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 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.
Plea Bargaining
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Author : Milton Heumann
language : en
Publisher: University of Chicago Press
Release Date : 2020-05-30
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 2020-05-30 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