Inside Plea Bargaining
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| Author | : D.W. Maynard |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 264 |
| Release | : 2013-06-29 |
| Genre | : Philosophy |
| ISBN | : 1489903720 |
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.
| Author | : Carissa Byrne Hessick |
| Publisher | : Abrams |
| Total Pages | : 248 |
| Release | : 2021-10-12 |
| Genre | : Law |
| ISBN | : 164700103X |
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 | : 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.
| Author | : George Fisher |
| Publisher | : Stanford University Press |
| Total Pages | : 424 |
| Release | : 2003 |
| Genre | : Law |
| ISBN | : 9780804751353 |
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 | : Cynthia Alkon |
| Publisher | : |
| Total Pages | : 507 |
| Release | : 2019 |
| Genre | : Criminal procedure |
| ISBN | : 9781531000448 |
"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 | : Stephen Thaman |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2010 |
| Genre | : Courts |
| ISBN | : 9781594605734 |
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 | : Milton Heumann |
| Publisher | : University of Chicago Press |
| Total Pages | : 229 |
| Release | : 2020-05-30 |
| Genre | : Political Science |
| ISBN | : 022677824X |
"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 | : Joan Mulholland |
| Publisher | : Routledge |
| Total Pages | : 236 |
| Release | : 2002-01-22 |
| Genre | : Foreign Language Study |
| ISBN | : 1134928025 |
The Language of Negotiation aims to heighten awareness of language and to suggest practical ways to use language-related tactics to get results. It encourages the reader to recognise negotiation as a specifically language-centred activity and demonstrates how learning to use language effectively can radically improve negotiation skills. The book features: A step-by-step guide on the practice of negotiation, from preparation to follow-up after the event Chapters on various aspects of negotiation, such as the spoken, written and interpersonal sides, as well as media interviewing and using the phone. Specific and useful strategies for actions like advising, complaining, confirming and dismissing. A range of effective and informative examples throughout, designed to show the value of enhanced language use and practical exercises to encourage the reader to apply the ideas to their own practice. The Language of Negotiation will be of value to all those in business and professional life whose work involves negotiation. It will also be of particular interest to students in graduate schools of business or management and to anyone who has an interest in improving their negotiation skills. No prior knowledge of language theory is assumed on the part of the reader.
| Author | : G. Nicholas Herman |
| Publisher | : |
| Total Pages | : 532 |
| Release | : 2004 |
| Genre | : Law |
| ISBN | : |
| Author | : Steven P. Grossman |
| Publisher | : |
| Total Pages | : |
| Release | : 2021 |
| Genre | : Defense (Criminal procedure) |
| ISBN | : 9781531019914 |
"By looking at the motivations of the three critical parties to any plea bargain-the prosecutor, defense attorney/defendant, and the judge-Plea Bargaining Made Real explains why in the words of former Supreme Court Justice Anthony Kennedy, "criminal justice today is for the most part a system of pleas, not a system of trials." By looking at the impact these motivations play in the conduct and decisions of these parties, the book offers a clearer and more realistic understanding of the process. Through comparing plea-bargaining court decisions with the actual ways in which guilty pleas come about, the book illustrates not just the dishonesty of the judicial approach to issues arising from plea bargaining, but also the damage that such dishonesty causes. The book discusses other important and controversial aspects of plea bargaining such as types of guilty pleas, the impact of systemic racism in plea bargaining and the applicability of contract law principles to plea agreements. The negotiation of a disposition in a criminal case is a most human process. This book examines the law of plea bargaining without ever losing sight of this critical perspective. It offers suggestions for how prosecutors, defense attorneys, judges and the criminal justice system itself can make the plea bargaining system fairer and more transparent"--
