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Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720
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Book Description
Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720
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Book Description
Author: George Fisher
Publisher: Stanford University Press
ISBN: 9780804751353
Category : Law
Languages : en
Pages : 424
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Book Description
Though originally an interloper in a system of justice mediated by courtroom battles, plea bargaining now dominates American criminal justice. This book traces the evolution of plea bargaining from its beginnings in the early nineteenth century to its present pervasive role. Through the first three quarters of the nineteenth century, judges showed far less enthusiasm for plea bargaining than did prosecutors. After all, plea bargaining did not assure judges “victory”; judges did not suffer under the workload that prosecutors faced; and judges had principled objections to dickering for justice and to sharing sentencing authority with prosecutors. The revolution in tort law, however, brought on a flood of complex civil cases, which persuaded judges of the wisdom of efficient settlement of criminal cases. Having secured the patronage of both prosecutors and judges, plea bargaining quickly grew to be the dominant institution of American criminal procedure. Indeed, it is difficult to name a single innovation in criminal procedure during the last 150 years that has been incompatible with plea bargaining’s progress and survived.
Author: Arthur Irwin Rosett
Publisher: Lippincott Williams & Wilkins
ISBN:
Category : Law
Languages : en
Pages : 256
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Book Description
Simulated case of a burglary suspect dramatizes the procedures, operations, and values of a criminal justice system whose primary, very often most effective techniques is plea bargaining. Bibliography.
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: Brian H. Bornstein
Publisher: Springer
ISBN: 3030110427
Category : Psychology
Languages : en
Pages : 329
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Book Description
The present volume consists of up-to-date review articles on topics relevant to psychology and law, and will be of current interest to the field. Notably, the majority of these topics are currently attracting a great deal of research and public policy attention in the U.S. and elsewhere, as evidenced by programs at the American Psychology-Law Society and related conferences. Topics for the present volume include: attitudes toward the police (Cole et al.), alibis (Charman et al.), hate crimes based on gender and sexual orientation (Plumm & Leighton), the role of gender at trial (Livingston et al.), neuroimages in court (Glen), intimate partner violence (Mauer & Reppucci), post-identification feedback (Douglass & Smalarz) and individual differences in eyewitness identification (Snowden & Bornstein), veterans’ wellbeing (Berthelot & Prager), and plea bargaining (Levett).
Author: United States Sentencing Commission
Publisher:
ISBN:
Category : Sentences (Criminal procedure)
Languages : en
Pages : 24
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Book Description
Author: Carissa Byrne Hessick
Publisher: Abrams
ISBN: 164700103X
Category : Law
Languages : en
Pages : 248
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Book Description
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.
Author:
Publisher:
ISBN:
Category : Criminal statistics
Languages : en
Pages : 64
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Book Description
Author: Milton Heumann
Publisher: University of Chicago Press
ISBN: 022677824X
Category : Political Science
Languages : en
Pages : 229
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Book Description
"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
Author: Regina Rauxloh
Publisher: Routledge
ISBN: 0415597862
Category : Law
Languages : en
Pages : 298
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Book Description
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.
