Plea Bargaining in National and International Law

Plea Bargaining in National and International Law
Author: Regina Rauxloh
Publisher: Routledge
Total Pages: 298
Release: 2012
Genre: Law
ISBN: 0415597862

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.

Core Concepts in Criminal Law and Criminal Justice

Core Concepts in Criminal Law and Criminal Justice
Author: Kai Ambos
Publisher: Cambridge University Press
Total Pages: 507
Release: 2020-01-16
Genre: Law
ISBN: 1108483399

A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Bargaining in the Criminal Justice Systems of the United States and Germany

Bargaining in the Criminal Justice Systems of the United States and Germany
Author: Susanne Kobor
Publisher: Peter Lang
Total Pages: 216
Release: 2008
Genre: Law
ISBN: 9783631565070

The book compares the bargaining practice in the United States and Germany, it displays differences and similarities, also taking historical as well as legal and cultural aspects into consideration. The author shows that bargaining in both countries is highly influenced by the respective legal systems - common and civil law. The study also pays attention to current developments, changes and proposed legislation.

The Collapse of American Criminal Justice

The Collapse of American Criminal Justice
Author: William J. Stuntz
Publisher: Harvard University Press
Total Pages: 425
Release: 2011-09-30
Genre: History
ISBN: 0674051750

Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.

International Criminal Procedure

International Criminal Procedure
Author: Linda Carter
Publisher: Edward Elgar Publishing
Total Pages: 273
Release: 2013-01-01
Genre: Law
ISBN: 0857939580

'International Criminal Procedure, edited by two insiders to international criminal proceedings, Professor Linda Carter and Professor Fausto Pocar, a judge at the ICTY and a former President of this Tribunal, is a coherently organized, well-researched, very informative and not the least elegantly-written contribution to a young and rapidly developing legal sub-discipline. The book provides its reader with a highly accessible and up-to date introduction into key elements of international criminal procedure as well as with critical commentary and rich inspiration for improvements of current practices.' – Claus Kreß LL.M. (Cantab.), University of Cologne, Germany and Institute for International Peace and Security Law 'This book addresses compelling issues that have come before international criminal tribunals. They include the self-representation of accused persons, plea bargaining and victim participation. It usefully approaches all of the issues and problems from a comparative law perspective. This excellent and accessible work is essential reading for practitioners, faculty and students of international criminal law.' – Richard Goldstone, Retired Justice of the Constitutional Court of South Africa and for Chief Prosecutor of the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda The emergence of international criminal courts, beginning with the International Criminal Tribunal for the former Yugoslavia and including the International Criminal Court, has also brought an evolving international criminal procedure. In this book, the authors examine selected issues that reflect a blending of, or choice between, civil law and common law models of procedure. The issues include background on civil law and common law legal systems; plea bargaining; witness proofing; written and oral evidence; self-representation and the use of assigned, standby, and amicus counsel; the role of victims; and the right to appeal. International Criminal Procedure will appeal to academics, students, researchers, lawyers and judges working in the field of international criminal law.

Plea Bargaining Across Borders

Plea Bargaining Across Borders
Author: Jenia I. Turner
Publisher:
Total Pages: 324
Release: 2009
Genre: Law
ISBN:

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

Unusually Cruel

Unusually Cruel
Author: Marc Morjé Howard
Publisher: Oxford University Press
Total Pages: 297
Release: 2017
Genre: Law
ISBN: 0190659343

The United States incarcerates far more people than any other country in the world, at rates nearly ten times higher than other liberal democracies. Indeed, while the U.S. is home to 5 percent of the world's population, it contains nearly 25 percent of its prisoners. But the extent of American cruelty goes beyond simply locking people up. At every stage of the criminal justice process - plea bargaining, sentencing, prison conditions, rehabilitation, parole, and societal reentry - the U.S. is harsher and more punitive than other comparable countries. In Unusually Cruel, Marc Morjé Howard argues that the American criminal justice and prison systems are exceptional - in a truly shameful way. Although other scholars have focused on the internal dynamics that have produced this massive carceral system, Howard provides the first sustained comparative analysis that shows just how far the U.S. lies outside the norm of established democracies. And, by highlighting how other countries successfully apply less punitive and more productive policies, he provides plausible solutions to addressing America's criminal justice quagmire.

Rethinking Nordic Courts

Rethinking Nordic Courts
Author: Laura Ervo
Publisher: Springer Nature
Total Pages: 311
Release: 2021-08-01
Genre: Law
ISBN: 3030748510

This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.

Hard Bargains

Hard Bargains
Author: Mona Lynch
Publisher: Russell Sage Foundation
Total Pages: 221
Release: 2016-11-01
Genre: Social Science
ISBN: 1610448618

The convergence of tough-on-crime politics, stiffer sentencing laws, and jurisdictional expansion in the 1970s and 1980s increased the powers of federal prosecutors in unprecedented ways. In Hard Bargains, social psychologist Mona Lynch investigates the increased power of these prosecutors in our age of mass incarceration. Lynch documents how prosecutors use punitive federal drug laws to coerce guilty pleas and obtain long prison sentences for defendants—particularly those who are African American— and exposes deep injustices in the federal courts. As a result of the War on Drugs, the number of drug cases prosecuted each year in federal courts has increased fivefold since 1980. Lynch goes behind the scenes in three federal court districts and finds that federal prosecutors have considerable discretion in adjudicating these cases. Federal drug laws are wielded differently in each district, but with such force to overwhelm defendants’ ability to assert their rights. For drug defendants with prior convictions, the stakes are even higher since prosecutors can file charges that incur lengthy prison sentences—including life in prison without parole. Through extensive field research, Lynch finds that prosecutors frequently use the threat of extremely severe sentences to compel defendants to plead guilty rather than go to trial and risk much harsher punishment. Lynch also shows that the highly discretionary ways in which federal prosecutors work with law enforcement have led to significant racial disparities in federal courts. For instance, most federal charges for crack cocaine offenses are brought against African Americans even though whites are more likely to use crack. In addition, Latinos are increasingly entering the federal system as a result of aggressive immigration crackdowns that also target illicit drugs. Hard Bargains provides an incisive and revealing look at how legal reforms over the last five decades have shifted excessive authority to federal prosecutors, resulting in the erosion of defendants’ rights and extreme sentences for those convicted. Lynch proposes a broad overhaul of the federal criminal justice system to restore the balance of power and retreat from the punitive indulgences of the War on Drugs.

Torture and the Law of Proof

Torture and the Law of Proof
Author: John H. Langbein
Publisher: University of Chicago Press
Total Pages: 246
Release: 2012-04-24
Genre: History
ISBN: 0226922618

In Torture and the Law of Proof John H. Langbein explores the world of the thumbscrew and the rack, engines of torture authorized for investigating crime in European legal systems from medieval times until well into the eighteenth century. Drawing on juristic literature and legal records, Langbein's book, first published in 1977, remains the definitive account of how European legal systems became dependent on the use of torture in their routine criminal procedures, and how they eventually worked themselves free of it. The book has recently taken on an eerie relevance as a consequence of controversial American and British interrogation practices in the Iraq and Afghanistan wars. In a new introduction, Langbein contrasts the "new" law of torture with the older European law and offers some pointed lessons about the difficulty of reconciling coercion with accurate investigation. Embellished with fascinating illustrations of torture devices taken from an eighteenth-century criminal code, this crisply written account will engage all those interested in torture's remarkable grip on European legal history.