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Author: Cynthia Alkon
Publisher:
ISBN: 9781531000448
Category : Criminal procedure
Languages : en
Pages : 507
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Book Description
"This book is the first textbook of its kind that covers all of the processes through which criminal cases are resolved in the United States beyond trials. Negotiating Crime brings together criminal procedure, current policy debates, and dispute resolution concepts to examine the practice of criminal law in the 21st century. The first half of the book is devoted to plea bargaining, first covering the basic caselaw, practice, policy concerns, and reform proposals. In addition, this section explains negotiation theory and applies it to the practice of plea bargaining. The second half of the book covers problem solving and therapeutic justice courts, including drug courts and mental health courts; restorative justice; and juvenile justice"--
Author: Cynthia Alkon
Publisher:
ISBN: 9781531000448
Category : Criminal procedure
Languages : en
Pages : 507
Get Book
Book Description
"This book is the first textbook of its kind that covers all of the processes through which criminal cases are resolved in the United States beyond trials. Negotiating Crime brings together criminal procedure, current policy debates, and dispute resolution concepts to examine the practice of criminal law in the 21st century. The first half of the book is devoted to plea bargaining, first covering the basic caselaw, practice, policy concerns, and reform proposals. In addition, this section explains negotiation theory and applies it to the practice of plea bargaining. The second half of the book covers problem solving and therapeutic justice courts, including drug courts and mental health courts; restorative justice; and juvenile justice"--
Author: Colin King
Publisher: Springer
ISBN: 3319785621
Category : Social Science
Languages : en
Pages : 159
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Book Description
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.
Author: Kimberley White
Publisher: UBC Press
ISBN: 0774858230
Category : Social Science
Languages : en
Pages : 202
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Book Description
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.
Author: Arie Freiberg
Publisher: Springer Nature
ISBN: 3030613836
Category : Social Science
Languages : en
Pages : 139
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Book Description
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.
Author: Stephen Thaman
Publisher:
ISBN: 9781594605734
Category : Courts
Languages : en
Pages : 0
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Book Description
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.
Author: Jack B. Kamerman
Publisher: SIU Press
ISBN: 9780809322121
Category : Law
Languages : en
Pages : 220
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Book Description
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.
Author: Fanny Benedetti
Publisher: Martinus Nijhoff Publishers
ISBN: 9004260609
Category : Law
Languages : en
Pages : 276
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Book Description
This is the story and analysis of the unforeseen and astonishing success of negotiations by many countries to create a permanent international court to try atrocities. In 1998, 120 countries astounded observers worldwide and themselves by adopting the Rome Statute for an International Criminal Court. From this event began important and unprecedented changes in international relations and law. This book is for those who want to know and understand the reasons and the story behind these historic negotiations or for those who may wonder how apparently conventional United Nations negotiations became so unusual and successful. This book is both for those who seek detailed legislative history, scholars or practitioners in international law and relations and those simply curious about how the Court came about.
Author: Andreas Schloenhardt
Publisher: Oxford University Press
ISBN: 0192663267
Category : Law
Languages : en
Pages : 913
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Book Description
This book offers a comprehensive, article-by-article legal commentary on the United Nations Convention Against Transnational Organized Crime and its Protocols on trafficking in persons, smuggling of migrants, and trafficking in firearms and ammunition. The Convention- often referred to by the acronym UNTOC- was approved by the UN General Assembly on 15 November 2000 and made available for governments to sign at a high-level conference in Palermo, the heartland of the Italian Mafia, on 12-15 December 2000. For this reason, UNTOC is sometimes also referred to as the 'Palermo Convention'. The Convention entered into force on 29 September 2003. The purpose of UNTOC is to promote cooperation to prevent and combat transnational organized crime more effectively. UNTOC seeks to promote consistency among national legal systems and set standards for domestic laws so that States parties can effectively combat transnational organized crime. UNTOC is supplemented by three protocols: the Protocol against the Smuggling of Migrants by Land, Air, and Sea, the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children, and the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components, and Ammunition. Article by article, this books presents the text of each provision of the Convention and the Protocols, followed by a systematic analysis of their background and negotiating history, their interpretation by the Conference of the Parties and its working groups, in judicial decisions by domestic and international courts, , in the academic literature, and in official material published by international organisations, chief among them the United Nations Office on Drugs and Crime (UNODC), the guardian of UNTOC and the Protocols. The authors offer critical, scholarly commentary. The book serves as a compendium for those using, researching, or studying provisions under UNTOC and the Protocols and as a handbook for those charged with implementing and enforcing them.
Author: James L Greenstone
Publisher: Routledge
ISBN: 1136614664
Category : Law
Languages : en
Pages : 251
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Book Description
Run a safe and successful crisis negotiation—from start to finish! The Elements of Police Hostage and Crisis Negotiations: Critical Incidents and How to Respond to Them reduces the negotiation procedures for hostage, barricaded, and suicide incidents to their basic elements, providing quick and easy access to the information you need-from the initial call-out to the final debriefing. Based on field-tested principles proven to work, the book also includes newly developed and highly specialized techniques for more experienced negotiators. Author James L. Greenstone provides a user-friendly, step-by-step guide to the intervention and negotiation process that will help you get the job done—right. Designed for day-to-day, on-the-scene use, The Elements of Police Hostage and Crisis Negotiations is a practical handbook for experienced professionals and novices that can also be used as a supplementary textbook for criminal justice, crisis intervention, and psychology coursework. Each chapter contains useful checklists, procedural notes, tables, strategy worksheets, and forms, and the book includes special indices for quick reference in addition to a traditional index. Dr. Greenstone, a police mental health consultant and psychologist who served as Director of the Psychological Services Unit of the Fort Worth Police Department in Texas, uses a simple and direct format that emphasizes procedures, action and results, leaving theoretical discussions for another time and place. The book examines the negotiation process from start to finish, including preincident preparations, first response responsibilities, responding to the call-out, arriving at the scene, preparing to negotiate, making contact, preparing for the surrender, post-incident tasks, preparing equipment, and more. Topics covered in The Elements of Police Hostage and Crisis Negotiations include: legal considerations telephone surveillance guidelines the Stockholm Syndrome working with S.W.A.T. and Tactical Emergency Medical Support dealing with the media recognizing “red flags” the issues of suicide debriefing the hostage team the 150 laws of hostage and crisis negotiation and the 10 most serious errors a negotiator can make The Elements of Police Hostage and Crisis Negotiations: Critical Incidents and How to Respond to Them is a practical guide that’s equally effective in the field, in training, and in the office.
Author: Paul R. Pillar
Publisher: Princeton University Press
ISBN: 1400856442
Category : Political Science
Languages : en
Pages : 298
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Book Description
This work draws on insights from the experimental and theoretical literature on bargaining to provide a much-needed comprehensive treatment of the neglected subject of how wars end. In a study of how states simultaneously wage war and negotiate peace settlements, Paul R. Pillar argues that war termination is best understood as a bargaining process. Originally published in 1983. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
